Terms and Conditions of Use
ImagePaths.com, LLC, the company that produces DesktopSpa.com provides its services to you subject to the conditions set forth in this agreement. By using this website, you acknowledge that you have read and accepted these conditions. Please read them carefully:
  1. Amendment and Addenda. We reserve the right to change our Services and the terms of this Agreement at any time in our sole discretion. Changes will be effective immediately upon notification to you, either by posting changes on our website or by email. Your use of our Services after such notification constitutes acceptance of such changes.

  2. Your License and Site Access. We grant you a limited, revocable, nontransferable, nonexclusive license to access and make personal use of Services and not to download (other than page caching) or modify any element of such services, except with our express written consent. This license does not include any collection or use of product listings, descriptions, or other information; any derivative use of our Services; any downloading or copying of account information for the benefit of another company; or any use of data mining, robots, or similar data gathering and extraction tools. No portion of this site may be exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademarks, logos, or other proprietary information (including images, text, page layout, or form) without our express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without our express written consent. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our website so long as the link does not misrepresent ownership or authorship of any portion of our website or portray us, our affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. Any violation of this policy terminates this license in addition to all other remedies available to us.

  3. Your Account. You may need to create an account and become a member in order to use some or all of our Services. By becoming a member, you agree to provide and maintain accurate information about yourself as required by our registration form. As part of creating an account, you may be asked to choose a screen name and password. We reserve the right to grant or refuse to grant you a given screen name or password at our sole discretion. If you create an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur with the use of your account or password. If you are under 13 years of age, you must not create an account with us. We reserve the right to refuse service, terminate accounts, and remove or edit content at our sole discretion.

  4. Reviews, comments, communications, and other content; License. You may post reviews, comments, and other content; send communications; and submit other information so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual or other property rights of third parties, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, or any form of mass mailing. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not express or imply that any statements that you make are endorsed by us, without our express written consent. We reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

    By posting or otherwise transmitting content to us, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable (through multiple tiers) right to use, reproduce, modify, publish, translate, create derivative works from, distribute, sell and display such content throughout the world in any language and media now known or hereafter created. You grant us and any sub-licensees the right to use the names, logos, trademarks and service marks that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove from this website any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.

    If you believe that content posted on our site violates our member policies, please contact us immediately at info@desktopspa.com.

  5. Copyright. All content included on this site is our property or the property of our content providers and is protected by United States and international copyright laws. The compilation of all content on this site is our exclusive property and is protected by U.S. and international copyright laws. All software used on this site is our property or the property of our software suppliers and is protected by U.S. and international copyright laws. Please contact us at info@desktop.com with any licensing inquiries.

    The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information:

      (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

      (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our website are covered by a single notification, a representative list of such works);

      (c) identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on our website;

      (d) the name, address, telephone number, and email address of the complaining party;

      (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner or the law; and

      (f) a statement that the information in the notification is accurate, and given under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to us should be sent to:

    ImagePaths.com, LLC
    18 East 16th Street, Suite 510
    New York, NY 10003
    Attention: Aaron Naparstek

    with a copy to:

    De Forest & Duer
    90 Broad Street, 18th Floor
    New York, NY 10004
    Attention: Louis E. Black, Esq.

    We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

  6. Trademarks. "Image Paths" and "Desktop Spa" are trademarks and/or service marks of ImagePaths.com, LLC All other trademarks, service marks, and logos used on this site are the trademarks, service marks, or logos of their respective owners.

  7. Jurisdictional Issues. Our website and Services are solely directed to individuals residing in the United States. We control and operate our website from within the State of New York, United States of America. We make no representation that materials on our website are appropriate or available for use in locations outside of the U.S. Those who choose to access our website from other locations do so at their own risk and are responsible for compliance with local laws when applicable. Our software is further subject to United States export controls. No software may be downloaded or otherwise exported or re-exported

      (i) into (or to a national or resident of) any country to which the U.S. has embargoed goods; or

      (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

    We reserve the right to limit the availability of all or any part of our Services to any person, geographic area, or jurisdiction at any time in our sole discretion.

    This Agreement is governed by and construed in accordance with the laws of the State of New York, without regards to its principles of conflicts of law. You agree to personal jurisdiction of the federal and state courts located in the County of New York, New York, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

  8. Termination. This Agreement shall remain effective until terminated by us at any time for any reason, with or without notice. Upon termination of this Agreement, your right to use our Website and Services shall immediately cease, and you shall destroy all materials obtained from us and all copies thereof.

  9. Disclaimers. Our Services, the materials on this website, any product or service obtained through us, and the software are provided "as is" and without warranties of any kind, either express of implied. To the fullest extent permissible pursuant to applicable law, we and our affiliates, suppliers, advertisers and agents disclaim all warranties, express or implied. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. We and our affiliates, suppliers, and agents do not warrant that your use of the site or the software will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site (or the server(s) on which it is hosted) software are free of viruses or other harmful components. You assume total responsibility and risk for your use of our website and software. No opinion, advice, or statement by us or our affiliates, suppliers, agents, members, or visitors shall create any warranty. Your use of our website and any materials provided through our website are entirely at your own risk.

    A possibility exists that our Services could include inaccuracies or errors, or materials that violate these Terms and Conditions of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to our Services. Although we attempt to ensure the integrity of the site, we make no guarantees as to the site's completeness or correctness. In the event that such a situation arises, please e-mail us at info@desktopspa.com with a description of the material to be checked and the location (URL) where such material can be found, as well as information for contacting you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Copyright" above.

    The information on this site is provided solely for general illustration and instructional purposes only and does not create a professional services relationship. Contents of the site are for informational purposes and are not meant to substitute for the advice provided by a physician or other health care professional. Any reliance on the information is solely at the user's own risk. The information contained within the site is not intended to diagnose or treat a health problem or disease, or prescribe any medication. If you suspect that you have a medical problem, promptly contact your health care provider. In no event will we, our related partnerships or corporations, or the partners, agents or employees thereof, be liable to you or anyone else for any decision made or action taken in reliance on the information in this site or for any consequential, special or similar damages, even if advised of the possibility of such damages. Certain links in this web site connect to other web sites maintained by third parties over which we have no control. We make no representations as to the accuracy or any other aspect of information contained in other web sites.

  10. Limitation of Liability. Neither we nor our suppliers, advertisers, agents, sponsors or our related partnerships or corporations, or the partners, agents or employees thereof, are responsible or liable for any damages under any theory relating in any way to the site or content contained on the site, the software, or any product or service purchased through the site. Your sole remedy for dissatisfaction with the site, the software, and content contained within the site is to stop using the site and the software. Our sole and exclusive maximum liability for all damages, losses, and causes of action shall be the total amount paid by you to us, if any, to access the site.

  11. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from

      (a) your breach of this Agreement;
      (b) any allegation that any materials that you submit to us violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party;
      (c) your violation of the rules governing License and Site Access above; and
      (d) your activities in connection with our website.

  12. Severability. If any provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

  13. Our Address. ImagePaths.com, LLC, 18 East 16th Street, Suite 510, New York, NY 10003.

  14. Advertisement. We do not accept advertisement.