Terms of Services

OVERVIEW

This website is operated by DesiFuze LLC. All associated applications are owned and operated by DesiFuze LLC. The terms “we”, “us”, and “our” refer to DesiFuze LLC throughout this site.

By accessing or using any part of the site, you agree to the following Terms of Service. This Terms of Service is applicable to all users of online media services and content distribution services and community providing services through its website video streaming services located under www.desifuze.com and related domains, sub domains, website links, and mobile and desktop applications and TV. Please read these Terms of Service carefully before accessing or using our website. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

This Agreement is between DesiFuze LLC (hereafter referred to as “Service Provider”) and all individuals who access or subscribe to this website (hereafter referred to as “Client”) unless context requires otherwise.

The Service Provider makes no claims that the services may be lawfully accessed in any specific location. Access to the services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When the Client accesses the services, they are solely responsible for compliance with the laws and regulations of their jurisdiction.

The Client shall irrevocably indemnify the Service Provider and/or its assignee from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which the Service Provider and/or its assignee may sustain, and/or to hold the Service Provider and/or its’ assignee harmless to which the Service Provider and/or its assignee may become subject arising out of or relating in any way to the use of the services provided under this Agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

Any new products or features added to the current website shall also be subject to the Terms of Service. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes, as you can review the most current version of the Terms of Service at any time on this page. Your continued access to / use of the website following the posting of any changes constitutes acceptance of those modifications.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

1. Services - General Conditions

The website platform setup and subscription service for the Client is available for the Client to use, so long as the subscription payments are made or if the Client arranges a buyout of the service. Please refer to your payment plan for subscription and cancellation details and if you have questions, please contact Desifuze LLC directly.

We reserve the right to refuse service to anyone for any reason at any time.

The Client agrees not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the service is provided, without written permission by the Service Provider.

The Client may not use the Service Provider’s products for any illegal or unauthorized purpose nor may the Client, in the use of the Service, violate any laws in the Client’s jurisdiction (including but not limited to copyright laws).

The Client must not transmit any worms, viruses, or any code of a destructive nature. A breach or violation of any of the Terms of Service will result in an immediate termination of the services.

In addition, The Client is prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate the Service Provider’s intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. The Service Provider reserves the right to terminate the Client’s use of the Service or any related website for violating any of the prohibited uses.

2. Service Fee

The Client agrees:

To pay the fees that shall be charged to their account as a result of using the DesiFuze LLC website, including but not limited to:

Subscription fees;
Fees for supplemental services or features;
Additional website customization; and
Purchases made through the use of the Service.

That subject to any applicable law, fees and charges, DesiFuze LLC services are non-refundable unless the pricing terms for the applicable service expressly states otherwise.

Certain products or services may be available exclusively online through the website. The Service Provider reserves the right, but is not obligated, to limit the sales of their products or Services to any person, geographic region, or jurisdiction. The Service Provider reserves the right to limit the quantities of any service or product and may exercise the right on a case-by-case basis. All descriptions and pricing of services/products are subject to change at any time without notice, at the sole discretion of the Service Provider. The Service Provider reserves the right to discontinue any service / product at any time. Any offer for any product or service made on this site is void where prohibited.

The Client may cancel a paid subscription at any time and will only be charged for the current billing cycle on that subscription and continue to have access for the duration of the cycle that the Client paid for. Due to the nature of the Service Provider’s paid subscription service and the products the Client gains access to, the Service Provider does not give refunds.

3. Assignment

This Agreement is personal to the Client, and in case of assignment wherein the Client allows someone to use his account, the Client agrees to:

Seek the prior written consent of the Service Provider;
Remain liable to the Service Provider for any fees due under this Agreement.

The Service Provider retains its right to assign this Agreement at any time.

4. Modifications to the Service and Prices

Prices for the Service Provider’s services and/or products are subject to change without notice.

The Service Provider reserves the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

The Service Provider shall not be liable to the Client or to any third-party for any modification, price chance, suspension, or discontinuance of the Service.

5. Accuracy of Billing and Account Information

The Client shall provide a valid credit card or method of payment prior to and during any time the Client receives DesiFuze LLC Services.

The Client when approved by the Service Provider must be a human being; Accounts registered by “bots” or other automated methods are not permitted.

Any Client subscribing on a monthly basis will have their credit card or method of payment charged the full monthly service fee in advance, which shall be recurring as long as the Client stays on the service.

The Client acknowledges and agrees that the Service Provider will not require any additional authorization for any recurring payments or automatic billing options.

The Client shall be liable for any fees the Service Provider will incur in its efforts to collect any unpaid balances if payment is not made more than fourteen (14) days past due.

Any billing problems or discrepancies must be brought to the Service Provider’s attention within sixty (60) days from the date the Client is billed. If the Client does not bring them to the Service Provider’s attention within sixty (60) days, the Client agrees to waive his right to dispute such problems or discrepancies with the Service Provider.

Any billing-related questions or to stop a recurring payment from being charged to the designated payment method email, sales/billing support on desifuze@gmail.com

The Service Provider reserves the right to refuse any order placed on this website. The Service Provider may, in their sole discretion,limit or cancel quantities purchased per person, per household, or per order These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that the Service Provider makes a change to or cancels an order, The Service Provider may attempt to notify the Client by contacting the e-mail and/or billing address/phone number provided at the time the order was made. The Service Provider reserves the right to limit or prohibit orders that, in their sole judgment, appear to be placed by dealers, resellers or distributors.

The Client agrees to provide complete, accurate, and current purchase and account information for all purchases made on the website. The Client agrees to update their account and other information, including but not limited to email address, credit card numbers and expiration dates, so that the Service Provider can complete the Client’s transactions and contact the Client as needed.

6. Account Termination

The Client’s account and / or subscription shall be terminated on the following grounds:

Service fees are unpaid after more than 30 days;
Violation of these Terms Of Service;
Website is used for purposes the Service Provider believes to be illegal or offensive including but not limited to pornographic content, terrorist activities, etc.

The Service Provider shall exert earnest effort to notify the Client before terminating the subscription.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either the Client or the Service Provider. The Client may terminate these Terms of Service at any time by notifying the Service Provider that the Client no longer wishes to use the Service Provider’s products or services, or when the Client ceases using this site.

If in the Service Provider’s sole judgment the Client fails, or is suspected to have failed, to comply with any term or provision of these Terms of Service, the Service Provider may also terminate this agreement at any time without notice and the Client will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny the Client access to the Service Provider’s products and/or services (or any part thereof).

7. Accuracy, Completeness, and Timeliness of Information

Any reliance on the material on this site is at the Client’s own risk. The Service Provider is not responsible if information made available on this site is not accurate, complete or current as the material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for the Client’s reference only. The Service Provider reserves the right to modify the contents of this site at any time, but the Service Provider has no obligation to update any information on this site. The Client agrees that it is the Client’s responsibility to monitor changes to this site.

8. Errors, Inaccuracies, and Omissions

The Service Provider’s website or Terms of Service may occasionally have information that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. The Service Provider reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after the Client has submitted their order).

The Service Provider undertakes no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

9. Optional Tools and Third Party Links

The Service Provider may provide the Client with access to third-party tools over which the Service Provider neither monitors nor has any control nor input.

It is at the Client’s own risk entirely to use these optional tools offered through the site. The Client should ensure that they are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

The Service Provider may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

The Service Provider shall have no liability whatsoever arising from or relating to the Client’s use of optional third-party tools. The Client acknowledges and agrees that the Service Provider provides access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

Certain content, products and services available via this website may include materials from third-parties.

Third-party links on this site may direct the Client to third-party websites that are not affiliated with The Service Provider. The Service Provider is not responsible for examining or evaluating the content or accuracy and The Service Provider does not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

The Service Provider is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. The Client must review the third-party’s policies and practices and make sure they understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

6. Warranties

The Service Provider makes no warranties to the Client of any kind, expressed or implied with respect to the services, and/or the Service Provider’s subcontractors and affiliate’s services provided.
The Service Provider expressly disclaims any implied warranty or merchant ability of fitness of the service for a particular purpose.
The Service Provider shall not be liable for any damages suffered by the Client, whether indirect, special, incidental, exemplary, or consequential, including, but not limited to, loss of data or service interruptions, resulting from:
1. The use or the inability to use the service;
2. Cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
3. Unauthorized access to or alteration of your transmissions or data;
4. Statements or conduct of any third party on the service;
5. Or any other matter relating to the service.
The transmission of data or information including communications by e-mail over the internet or other publicly accessible networks is not secure, and is subject to possible loss, interception or alteration while in transit. Accordingly, the company does not assume any liability for any damage users may experience or costs users may incur as a result of any transmissions over the internet or other publicly accessible networks, such as transmissions involving the exchange of e-mail. In no event will such data or information be deemed to be confidential, create any fiduciary obligations on the company’s part, or result in any liability to you in the event that such information is inadvertently released or accessed by third parties without consent.

7. Terms

The Client agrees to:

Submit necessary contents to build the ordered website in a timely manner.
Use the website in a manner that is legal, ethical and in conformity with community standards;
Respect the privacy of other users in such manner that he shall not intentionally seek data or passwords belonging to other users, nor will he modify files or represent himself as another user unless explicitly authorized to do so by that user;
Respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; and
Accept notifications of service changes, commercial email and similar offers presented via email.
In the event of a serious violation of the TERMS OF SERVICE, the Service Provider shall reserve the right to terminate your account immediately. Every effort will be made to inform the Client prior to account termination.

8. Personal Information and Privacy Policy

Please read this policy carefully to understand the Service Provider’s policies and practices regarding information. If the Client does not agree with the Service Provider’s policies and practices, it is the Client’s choice not to use this website. By accessing or using this Website, the Client agrees to this Privacy Policy. This policy may change from time to time. The Client’s continued use of this Website after the Service Provider makes changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

When the Client creates an account on desifuze.com, the Service Provider collects contact information such as parent/guardian names, addresses, phone numbers, e-mail address and student information such as names, birthdays, etc for use in managing the website and business.

The Service Provider’s website is not intended for children under 13 years of age. No one under the age of 13 may provide any personal information to or on the website. The Service Provider does not knowingly collect personal information from children under 13. If you believe we might have any information from or about a child under 13, please contact us via email desifuze@gmail.com.

This Privacy Policy applies but is not limited to the information collected by the Service Provider in the following forms:

On this website
In email, text, and other electronic messages between the Client and this website
Through mobile and desktop applications that the Client may download from this website, which provides dedicated non-browser-based interaction between the Client and this website.
When the Client interacts with the Service Provider’s advertising and applications on third-party websites and services, if these applications or advertisements include links to this policy.

Unfortunately, the transmission of information via the internet is not completely secure. Although the Service Provider does their best to protect the Client’s personal information, the Service Provider cannot guarantee the security of the Client’s personal information transmitted to this Website. Any transmission of personal information is at the Client’s own risk. The Service Provider is not responsible for circumvention of any privacy settings or security measures contained on the Website.

The safety and security of the Client’s information also depends on the Client. Where the Service Provider has given (or where the Client has chosen) a password for access to certain parts of the Service Provider’s Website, the Client is responsible for keeping this password confidential. The Service Provider asks the Client to not share their password with anyone.

9. Warranties; Limitation of Liability

The Service Provider does not warrant that the results obtained from the use of the service will be accurate or reliable. The Service Provider does not guarantee, represent or warrant that the Client’s use of the Service Provider’s service will be uninterrupted, timely, secure, or error-free.

The Client agrees that from time to time the Service Provider may remove the service for indefinite periods of time or cancel the service at any time, without notice to the Client.

In no case shall the Service Provider, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from the Client’s use of any of the service or any products procured using the service, or for any other claim related in any way to the Client’s use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Service Provider’s liability shall be limited to the maximum extent permitted by law.

The Client expressly agrees that their use of, or inability to use, the service is at the Client’s sole risk. The service and all products and services delivered to the Client through the service are (except as expressly stated by the Service Provider) provided ‘as is’ and ‘as available’ for the Client’s use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

10. User Comments, Feedback, and Other Submissions

If, at the Service Provider’s request, the Client sends certain specific submissions (for example contest entries) or without a request from the Service Provider the Client sends creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), the Client agrees that the Service Provider may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. The Service Provider is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

The Client agrees that their comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. The Client further agrees that their comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. The Client may not use a false e-mail address, pretend to be someone other than themself or otherwise mislead the Service Provider or third-parties as to the origin of any comments. The Client is solely responsible for any comments made by themselves and their accuracy. The Service Provider takes no responsibility and assumes no liability for any comments posted by the Client or any third-party.

The Service Provider may, but has no obligation to, monitor, edit or remove content that they determine in their sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

11. Indemnification

The Client agrees to indemnify, defend and hold harmless the Service Provider and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or the Client’s violation of any law or the rights of a third-party.

12. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

13. Entire Agreement

The failure of the Service Provider to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by the Service Provider on this site or in respect to The Service constitutes the entire agreement and understanding between the Client and the Service Provider and govern the Client’s use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between the Client and the Service Provider (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

14. Changes to Terms of Service

The Client can review the most current version of the Terms of Service at any time at this page.

The Service Provider reserves the right, at its sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is the Client’s responsibility to check this website periodically for changes. The Client’s continued use of or access to this website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

15. Copyright Infringement Notification

If the Client believes that any copyrighted work is accessible through the services in a way that constitutes copyright infringement, please notify the Service Provider at desifuze@gmail.com with the following information.

The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;

A description of the copyrighted work the Client claims has been infringed, and a description of the activity that the Client claims to be infringing;

Identification of the URL or other specific location on the services where the material or activity the Client claims to be infringing is located or is occurring; The Client must include enough information to allow the Service Provider to locate the material or the activity;

The Client’s name, address, telephone number, and e-mail address;

A statement by the Client, made under penalty of perjury, that (i) the information the Client has provided is accurate and that the Client is the copyright owner or are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (ii) the Client has a good faith belief that use of the copyrighted materials is not authorized by the copyright owner, any agent of the copyright owner, or the law.

16. Contact Information

Questions about the Terms of Service should be sent to the Service Provider at desifuze@gmail.com.