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:
BY USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ ALL OF THE ABOVE
TERMS AND CONDITIONS OF USE AND AGREE TO COMPLY WITH THEM. IF YOU DO NOT
SO AGREE, YOU MAY NOT USE THIS WEBSITE.
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.
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
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.
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 email@example.com.
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 firstname.lastname@example.org 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
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
(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
(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
(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.
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.
"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.
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
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.
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
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 email@example.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
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
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
(d) your activities in connection with our website.
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.
ImagePaths.com, LLC, 18 East 16th Street, Suite 510, New York, NY 10003.
We do not accept advertisement.