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Terms of Service Please take the time to read this entire agreement ("Agreement") governing your responsibilities (hereinafter, "you", "your" or "user") and use of the DK Wallpaper site ("Site"). Failure to adhere to your responsibilities under this Agreement may expose you to liability. DK Wallpaper is owned by Azhan (collectively with Site, "DK Wallpaper", "us" or "we"). To use DK Wallpaper's services you must agree to and abide by the following terms and conditions of service (the "TOS"). Unless specifically noted, the following statements apply to all DK Wallpaper partners and affiliates who receive free or commission based DK Wallpaper Service. 1. Acceptance of terms DK Wallpaper provides its service ("Service") to you, subject to the following TOS. Your use of the Site constitutes your acceptance to these TOS. DK Wallpaper reserves the right, in its sole and absolute discretion, to change, modify, add, or remove portion of this TOS at any time. Any such changes will be reflected on the Site and your continued use of the Site will constitute your acceptance of these TOS or any revised TOS. DK Wallpaper may also offer other third party services that are governed by different terms of service. You should at all times be aware of and read any other such terms of service. DK Wallpaper hereby specifically disclaims responsibility for your failure to read any third party terms of service. 2. Our Services The DK Wallpaper Services are free services which allow you to choose from various categories of layouts designed to enhance the appearance of your computer desktop. 3. Prohibited Use You agree not to use our content in a manner that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable. 4. Qualifications for Service In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to fully comply with these TOS. 5. Advertisements You agree that in order to provide you this service DK Wallpaper can place advertisements into any interface provided by DK Wallpaper. Such advertisements are under DK Wallpaper's sole and absolute control and may not, under any circumstances, be removed. 6. Limitation of Liabilty By the terms of this TOS, you have agreed to use the Site in a legal manner. You further agree that DK Wallpaper is not liable for any acts by you that violate paragraph 3 herein or the rights of any other party. DK Wallpaper hereby disclaims any liability from the foregoing. 7. Termination of Service / Removal Policy We reserve the right to temporarily deactivate or permanently remove any DK Wallpaper layout at any time, in our sole and absolute discretion, for any reason, including, but without limitation, the following: use inconsistent with these TOS, illegal use, and network or server abuse. 8. Disclaimer of Warranties DK Wallpaper attempts to ensure that service and the Site are available at all times. However, service is provided "as-is" and "as available". Neither DK Wallpaper nor any provider of third party content, nor any of their respective agents: (i) warrants that the service will be uninterrupted or error free; (ii) makes any warranty as to the results to be obtained from the use of our services or the Site (iii) makes any warranties of any kind, either express or implied, including but without limitation, warranties of title, any implied warranties of merchantability or fitness for a particular purpose or for any indirect special or consequential damages associated with DK Wallpaper service or Site; or (iv) warrants that any files available for downloading through the Site will be free of viruses or similar contamination or destructive features. Furthermore, DK Wallpaper makes no guarantee nor claims responsibility for the timeliness, deletion, mis-delivery or failure to deliver any user communications or site content. You expressly agree that the entire risk as to the quality and performance of the Site is on you, the user. 9. DK Wallpaper Notice Display Policy / Third Party Advertisements Any messages posted on the DK Wallpaper page and/or any third party advertisers banners and/or links must remain intact and visible on each page in which it appears; it is mandatory that they remain intact and visible. Failure to comply with this provision will also constitute grounds for account deactivation. You further understand that in order to provide you the Service, DK Wallpaper has the right to allow advertisers to cover the costs of this service and as such has the choice of advertisers and the content of their message is at the discretion of DK Wallpaper. Additionally DK Wallpaper reserves the right to deliver communications, service announcements and self advertising in order to continue to provide a quality service to you. 10. Server Downtime Policy While DK Wallpaper attempts to maintain it server up 100% of the time, we reserve the right to schedule routine maintenance on our servers, as well as routine upgrades. Maintenance may affect the availability of service for short periods of time. We disclaim liability for server downtime as set forth above. 11. DK Wallpaper Intellectual Property DKWallpaper.com, and all other proprietary rights in the DKWallpaper.com website are the intellectual property of Azhan. All rights are reserved. 12. Indemnification YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND, AND HOLD HARMLESS DKWALLPAPER.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES AGAINST CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING BROUGHT AGAINST DKWALLPAPER.COM, ITS EMPLOYEES, AGENTS, AND REPRESENTATIVES TO THE EXTENT SAID CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISES OUT OF, OR IS RELATED TO YOUR CONTENT, YOUR USE OF OR CONNECTION TO THE SERVICE, YOUR VIOLATION OF THIS TOS, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. WITHOUT LIMITATION TO THE FOREGOING, THE INDEMNIFICATION AGREEMENT HEREUNDER EXTENDS TO, AMONG OTHER THINGS, ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING ARISING OUT OF: (A) YOUR ACCESS OR USE OF THE SERVICE; (B) ACCESS OR USE OF THE SERVICE BY SOMEONE ELSE USING YOUR COMPUTER OR ACCOUNT; (C) A VIOLATION OF THE TOS BY YOU OR ANYONE USING YOUR COMPUTER OR MEMBER ID. THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT IS DIRECTLY OR INDIRECTLY RELATED TO THE SERVICE, INCLUDING BY WAY OF ILLUSTRATION A CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING THAT YOUR USE OR ACCESS OR ANOTHER PERSON'S USE OR ACCESS OF YOUR COMPUTER OR MEMBER ID INFRINGES ANY COPYRIGHT, TRADEMARK, SERVICE MARK, PATENT, TRADE SECRET, RIGHT OF PUBLICITY, OR OTHER PROPRIETARY RIGHT UNDER ANY U.S., INTERNATIONAL, FOREIGN, OR STATE LAW. AS ANOTHER EXAMPLE, WHICH IS NOT TO BE CONSTRUED AS LIMITING THE SCOPE OF THE INDEMNIFICATION PROVISION, THIS INDEMNIFICATION AGREEMENT APPLIES TO ANY CLAIM, SUIT, OR ACTION WHERE YOUR USE OR ACCESS TO THE SERVICE IS IN ANY WAY DEFAMATORY, SLANDEROUS, LIBELOUS, OR OTHERWISE INJURIOUS TO A THIRD PARTY. YOU AGREE TO PAY ANY AND ALL COSTS, DAMAGES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, REASONABLE ATTORNEY'S FEES AND COSTS AWARDED OR INCURRED BY OR IN CONNECTION WITH ANY SUCH CLAIM, SUIT, ACTION, OR ADMINISTRATIVE PROCEEDING. 13. Entire Agreement The TOS constitutes the entire and only Agreement between you and DK Wallpaper with respect to use of the Site, and supersedes any prior agreements, oral or written, between you and DK Wallpaper. Any and all other collateral representations, promises, and conditions; and any representation, warranty, promise or condition not incorporated herein or made as provided for in this TOS shall not be binding on DK Wallpaper. 14. Modifications to the Terms of Service DK Wallpaper may change these TOS at any time and in its sole discretion. The modified TOS will be effective immediately upon posting and you agree to the new posted Terms of Service by continuing your use of DK Wallpaper. If you do not agree with the modified Terms of Service, your only remedy is to discontinue using the DK Wallpaper Site. 15. No Third Party Beneficiaries You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this agreement. 16. Statute of Limitations 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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. 17. Section Titles The section titles in the TOS are for convenience only and have no legal or contractual effect. 18. Violations Please report any violations of this TOS to the following address: violations@dkwallpaper.com