Visits and Registration
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify dekhona.com immediately of any breach of security or unauthorized use of your account. Although dekhona.com will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of dekhona.com or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the dekhona.com servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, dekhona.com grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. dekhona.com reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
User-Generated Contentdekhona.com allows you to provide your content (including without limitation text, data, photos, graphics, music, sounds and videos) for display to others in a number of forms herein collectively or individually known as ("User-Generated Content"). As between dekhona.com and you, you remain the owner of all rights, including copyright, in any User-Generated Content you submit. You grant dekhona.com an exclusive, world-wide, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, and display and perform publicly any User-Generated Content in any media now known or later developed. By submitting any User-Generated Content you represent and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to grant dekhona.com the license rights set forth above, and (ii) you have obtained the consent, release, and/or permission of each and every identifiable individual person in the User-Generated Content to grant the foregoing license to dekhona.com. Further, you agree that, with respect to any User-Generated Content, you will not (i) include any content (including, without limitation, any music or video produced by a third party) that violates a third party's copyright or other proprietary rights; (ii) publish falsehoods or misrepresentations portrayed as fact; (iii) include any advertising or solicitations; or (iv) submit any material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
dekhona.com reserves the right, but does not assume any obligation, to review any User-Generated Content prior to its display on this website. dekhona.com may refuse to display or remove any user-generated content from its website for any reason. Without limiting the foregoing, dekhona.com will remove or refuse to display any User-Generated Content that violates the Community Ethics Guidelines for this website, which can be found at http://www.dekhona.com/help/communityethics.php
Copyright Infringement and DMCA Proceduredekhona.com is committed to complying with U.S. copyright and related laws. If you are the owner of any copyrighted work and believe your rights under U.S. copyright law have been infringed by any User-Generated Content or other material on this website, you may take advantage of certain provisions of the Digital Millennium Copyright Act (the "DMCA") by sending dekhona.com's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon dekhona.com's receipt of a satisfactory notice of claimed infringement, dekhona.com will respond expeditiously either directly or indirectly (i) to remove the allegedly infringing work(s) accessible through this website or (ii) to disable access to the work(s). dekhona.com will also notify the user that submitted the work of the removal or disabling of access to the work(s). If the affected user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter notification to dekhona.com. Upon dekhona.com's receipt of a counter notification that satisfies the requirements of DMCA, dekhona.com will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a received counter notification. In all events, you expressly agree that dekhona.com will not be a party to any disputes or lawsuits regarding alleged copyright infringement.
Copyright owners may send dekhona.com a notification of claimed infringement to report alleged infringements of their works to:
P.O. Box 9682
Chapel Hill, NC 27515
Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to dekhona.com, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against you, you can file a counter notification with dekhona.com's designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.
Other Contents and LinksWhile we try to ensure that any information we post to this website is both timely and accurate, errors may appear from time to time. This website may not be updated daily, and certain information may not be the most current information available.
dekhona.com is not responsible for, and cannot guarantee the performance of, any products and services provided by any advertisers or others to whose sites we link. A link to another website does not constitute an endorsement of that site (nor of any product, service or other material offered on that site) by dekhona.com or its licensors.
Licenses Granted to You
Although we make this website freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on the website, including to User-Generated Content. The materials available through this website are the property of dekhona.com or its licensors (such as the creators who provide User-Generated Content for the site). The materials available through this website are protected by copyright, trademark and other intellectual property laws. Except for the limited licenses expressly granted to you in this agreement, dekhona.com and its licensors expressly reserve all other rights.
You are free to display and print for your personal, non-commercial use any information or content you receive through this website, but you may not otherwise reproduce or modify any of the materials without the prior written consent of their owner. Other than through the use of our "embeddable player" feature, you may not distribute copies of materials found on this website in any form (including by e-mail or other electronic means), without prior written permission from their owner. Of course, you are free to encourage others to access the information themselves on this website and to tell them how to find it.
If you desire to display on another website a video from this website that is user-generated content, we provide access to an "embedded player" feature. Your use of the embeddable player feature is limited to personal, non-commercial websites that are under your control.
We welcome links to the homepage of our website. You are free to establish a hypertext link to the homepage of this site so long as the link does not state or imply any affiliation, connection, sponsorship, or approval of your site by dekhona.com. We do not permit framing or inline linking to our website or any portion of it.
TrademarksWe don't want anyone to be confused as to which materials and services are provided by dekhona.com and which aren't. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark. DEKHONA, DEKHONA.COM and the DEKHONA design logo are registered trademarks and/or service marks of dekhona.com or its subsidiaries or parent. Other trademarks appearing on this website or other sites linked to from this website are the property of their respective owners.
User Generated Content Postings; Disclosure
You are solely responsible for any information that you submit or post on this website. We will comply with all requirements of the law regarding disclosure of any submissions or postings on this website to others, including to law enforcement agencies and parties making civil legal requests. We will also comply with any other requirements of the law regarding disclosure of other aspects of your use of this website.
dekhona.com welcomes your feedback about this website and our products and services. We ask that you limit your feedback to these items. Nevertheless, any communications you send to this website or otherwise to dekhona.com are deemed to be submitted on a non-confidential basis and become the sole property of dekhona.com. dekhona.com may, in its sole discretion, reproduce, use, publish, modify, disclose, distribute, or otherwise use these communications in any way and for any purpose. All such uses by dekhona.com shall be without liability or obligation of any kind to you. These uses may include, for example, use of the content of any such communications, including any works, marks or names, ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without any obligation to compensate the originator of such communications and without liability to that person.
Terminationdekhona.com reserves the right at any time to terminate your use of this website if you fail to comply in full with any term of this agreement, Community Ethics Guidelines, or any other terms, agreements, or policies that apply to this website and the use of it.
IndemnificationYou agree to indemnify, defend, and hold harmless dekhona.com (including its parents, subsidiaries, and affiliates and all of their respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers) against all claims, losses, expenses, damages and costs (including reasonable attorney fees) resulting from any breach of this agreement or unauthorized use of this website. Your indemnification obligation shall survive the termination of this agreement. At our expense and election, we reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with dekhona.com in connection with our defense.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. BECAUSE OF THE NUMBER OF POSSIBLE SOURCES OF INFORMATION AVAILABLE THROUGH THE WEBSITE, AND THE INHERENT HAZARDS AND UNCERTAINTIES OF ELECTRONIC DISTRIBUTION, THERE MAY BE INTERRUPTIONS, DELAYS, OMISSIONS, INACCURACIES, OR OTHER PROBLEMS WITH SUCH INFORMATION. IF YOU RELY ON THIS WEBSITE OR ANY MATERIAL AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS," "WITH ALL FAULTS," AND "AS AVAILABLE." DEKHONA.COM AND ITS AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, USEFULNESS, TIMELINESS, NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION AVAILABLE THROUGH THE WEBSITE, NOR DO THEY GUARANTEE THAT THE WEBSITE WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE WEBSITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL DEKHONA.COM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) OR ITS AGENTS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF ANY USE OR MISUSE OF THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE FORM OR CAUSE OF ACTION INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, AND OTHER TORT ACTIONS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF DEKHONA.COM AND ITS AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. YOU AGREE THAT THE LIABILITY OF DEKHONA.COM (INCLUDING ITS PARENTS, SUBSIDIARIES, AND AFFILIATES) AND ITS AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID TO DEKHONA.COM FOR THE USE OF THE WEBSITE.
Effective: April 1, 2007