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TheDesert.com Terms & Conditions

Introduction

Please take the time to read these terms and conditions carefully before using this website. If you use TheDesert.com you are agreeing to the following terms, which are designed to make sure that TheDesert.com is suitable for its community of users and maintains its stated objectives and meets its users expectations. TheDesert.com is provided to you by Gamar Telecommunications (UK) Limited (Gamar) a Company registered in England since 1991. By using TheDesert.com in any way, you are agreeing to comply with the Terms and Conditions listed here. In addition, when using particular TheDesert.com services, you agree to abide by any applicable posted guidelines for all TheDesert.com services, which may change from time to time. Should you object to any term or condition, any guidelines, or any subsequent modifications thereto or become dissatisfied with TheDesert.com in any way, your only recourse is to immediately discontinue use of TheDesert.com. TheDesert.com has the right, but is not obligated, to strictly enforce the Terms and Conditions through self-help, community moderation, active investigation, litigation and prosecution.

Using TheDesert.com

As a condition of your use of TheDesert.com you agree that you will not:
Violate any laws, violate listing and use laws and requests, post any threatening, abusive, defamatory, haram, obscene or indecent material, be false or misleading, infringe any third-party right, distribute or contain spam, chain letters, or pyramid schemes, distribute viruses or any other technologies that may harm TheDesert.com or the interests or property of TheDesert.com users, impose an unreasonable load on our infrastructure or interfere with the proper working of TheDesert.com, copy, modify, or distribute any other person's content without their consent, use any robot spider, scraper or other automated means to access TheDesert.com and collect content for any purpose without our express written permission, harvest or otherwise collect information about others, including email addresses, without their consent, bypass measures used to prevent or restrict access to TheDesert.com.

You are solely responsible for all information that you submit to TheDesert.com and any consequences that may result from your use or listing. We reserve the right at our discretion to refuse or delete content that we believe is inappropriate, unseemly, haram or breeching the above terms. We also reserve the right at our discretion to restrict a user's usage of the site either temporarily or permanently without giving any reason or explanation.

Abusing TheDesert.com

TheDesert.com and the TheDesert.com community work together to keep the site working properly and the community safe. Please report problems, offensive content and policy breaches to us using the feedback/reporting system.

Without limiting other remedies, we may issue warnings, limit or terminate our service, remove hosted content and take technical and legal steps to keep users off TheDesert.com if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off TheDesert.com or not, we do not accept any liability for monitoring TheDesert.com or for unauthorized or unlawful content on TheDesert.com or use of TheDesert.com by users.

General Conditions

Some of TheDesert.com's features may display your listing or advert on other websites that are part of Gamar, Gamar Venture, Gamar Associates or TheDesert.com. By using TheDesert.com, you agree that your listing or advert can be displayed on these other sites or media. The terms for our other sites are similar to these terms, but you may be subject to additional laws or other restrictions in the countries where your listing or advert is posted. When you choose to post your listing or advert on another site, you may be responsible for ensuring that it does not violate our or other site policies. We may remove your listing or advert if it is reported on any of our sites, or if we believe it causes problems or violates any standard, law or policy. Although TheDesert.com does not claim ownership of content that its users post, by posting Content to any public or private area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TheDesert.com an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TheDesert.com all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

Fees and Services

The use of TheDesert.com is generally free, but we sometimes charge a fee for certain services. If the service you use incurs a fee, you'll be able to review and accept terms that will be clearly disclosed at the time you post your listing or advert. Our fees are quoted in Pounds Sterling generally and sometimes an equivalent amount in Dollars USA, and we may change them from time to time. We'll notify you of changes to our fee policy by posting such changes on the site. We may choose to temporarily change our fees for promotional events or new services, these changes are effective when we announce the promotional event or new service.

Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the services. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. None payment may result in you being placed in a list of none payers and sometimes place you on a list of defaulters which may be available for others to consult as a credit check or produce credit reports or credit rating.

Lien

In the event of a failure by the client to pay in full for any goods or services, the ownership of these goods and services will remain with TheDesert.com. This will apply until the full amount due is received by TheDesert.com including delivery /transaction /taxes /duties/ levies/ customs or administration charges due on the total transaction. Any goods and services delivered to any particular address as requested by the client will be kept in good condition and in the same working order as delivered. Any damage or spoilage will be charged as per market rates plus administration and carriage.

Content

TheDesert.com contains content from us, you, and other users. TheDesert.com is protected by copyright laws and international treaties. Content displayed on or via TheDesert.com is protected as a collective work and/or compilation, pursuant to copyrights laws and international conventions. You agree not to copy, distribute or modify content from TheDesert.com without our express written consent. You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in TheDesert.com. Without limiting the foregoing, you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of TheDesert.com (other than your own content). When you give us content, you are granting us and representing that you have the right to grant us, a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content.

Infringement

Do not post content that infringes the rights of third parties, This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). A large number of very varied products are offered on TheDesert.com by private individuals as well as companies. Entitled parties, in particular the owners of copyright, trademark rights or other rights owned by third parties can report any offers which many infringe on their rights, and submit a request for this offer to be removed. If a legal representative of the entitled party reports this to us in the correct manner, products infringing on the intellectual property rights will be removed by TheDesert.com.

Notice of Infringement of copyright, trademark can be sent to TheDesert.com by post. This information must enable TheDesert.com to identify the advertisement to be removed. Once we have received your correctly completed Notice of Infringement Form, you can simply send later reports to TheDesert.com via the e-mail address provided.

Liability

We do not review users' postings and are not involved in the actual transactions between users. As most of the content on TheDesert.com comes from other users, we do not guarantee the accuracy of postings or user communications or the quality, safety, or legality of what's offered.

In no event do we accept liability of any description for the posting of any unlawful, threatening, abusive, defamatory, haram, obscene or indecent information, or material of any kind which violates or infringes upon the rights of any other person, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law.

We cannot guarantee continuous, error-free or secure access to our services or that defects in the service will be corrected. While we will use reasonable efforts to maintain an uninterrupted service, we cannot guarantee this and we do not give any promises or warranties (whether express or implied) about the availability of our services.

Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of TheDesert.com, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, if such disclaimers and exclusions apply to you in such jurisdiction/s then we request that you do not use TheDesert.com. Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of (a) the total fees you pay to us in the 1 month prior to the action giving rise to liability, and (b) maximum of 1 (one) Pence Sterling.

Personal Information

By using TheDesert.com, you agree to the collection, transfer, storage and use of your personal information by TheDesert.com. You also agree to receive marketing communications from us unless you tell us that you prefer not receive such communications. You can see more detail in our Privacy Policy listed on TheDesert.com.

Other Disclosures

TheDesert.com reserves the right to access and disclose individually identifiable information to comply with applicable laws and lawful government requests, to operate its systems properly or to protect itself or its users.

Force Majeure

We shall not be liable for any delay in performing or for failure to perform any obligations under the Terms to the extent that the failure is caused by an Event of Force Majeure. Any such delay or failure shall not constitute a breach of an Agreement. For the purposes of these Terms an "Event of Force Majeure" shall mean any circumstances beyond our reasonable control, including without limitation the following:
(a) acts of God;
(b) outbreak of hostilities, riots, civil disturbance, acts of terrorism;
(c) fire, explosion, flood, sand storms, fog or bad weather;
(d) power failure, failure of telecommunications lines, failure or breakdown of plant, machinery or vehicles (including without limitation internet routers, gateways, servers, domain names servers and other internet infrastructures);
(e) theft, malicious damage, malicious cyber attack, hacking activity, strike, lockout or industrial action of any kind. Notwithstanding anything to the contrary stated in the Terms, if any Event of Force Majeure shall continue for a period of 90 days or more, then you shall be entitled to terminate an agreement forthwith upon written notice.

Resolution of disputes

If a dispute arises between you and TheDesert.com, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

General

These terms and the other policies posted on TheDesert.com constitute the entire agreement between TheDesert.com and you, superseding any prior agreements.

This Agreement shall be governed and construed in all respects by the laws of England and Wales. You agree that any claim or dispute you may have against TheDesert.com must be resolved by the courts of England and Wales. You and TheDesert.com both agree to submit to the exclusive jurisdiction of the English Courts. For claims falling within the jurisdiction of a County Court, you and TheDesert.com both agree to submit to the jurisdiction of the County Court nearest to TheDesert.com representative/s which will be notified to you at the time.

If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below.

Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to TheDesert.com.

We may update this agreement at any time, with updates taking effect when we post the updated policy on the site. No other amendment to this agreement will be effective unless made in writing and signed by TheDesert.com.

For any help with using TheDesert.com please see the website.

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