IMPORTANT — IMPORTANT - THIS IS A LEGALLY BINDING AGREEMENT BETWEEN DIEPKHUC LLC D/B/A DiepKhuc ("DiepKhuc") AND YOU. IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS AND CONDITIONS REGARDING YOUR USE OF DiepKhuc's SOFTWARE, SERVICES, WEBSITES, DOCUMENTATION AND ASSOCIATED MATERIALS ("SERVICES"). BY USING OR INSTALLING ALL OR PART OF THE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE WITH ALL THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED TO USE THE SERVICES AND YOU SHOULD DISCONTINUE ANY FURTHER INSTALLATION OR USE THEREOF.
LICENSE GRANT. DiepKhuc grants to you a non-exclusive, non-transferable license to use the web application hosted at www.diepkhuc.com (the "Software") solely for your personal use on any desktop or mobile devices. For purposes of this Agreement, the Software is considered to be "in use" when it is loaded into temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD-ROM or other storage device) of such devices.
OWNERSHIP. The Software is proprietary to DiepKhuc and protected by United States copyright and other laws, as well as international treaty provisions and you must treat the Software as any other copyrighted and legally protected material. You may not modify, adapt, translate, reverse engineer, decompile, disassemble the Software or create derivative works using or based on the Software, nor may you distribute, loan, rent, or lease, timeshare or use the Software to provide services for third parties, sublicense or transmit all or any portion of the Software, nor may you allow others to do so. DiepKhuc reserves all rights not expressly granted herein. DiepKhuc owns all right title and interest in and to the Software and nothing in this Agreement shall be construed to transfer, convey, impair or otherwise adversely affect DiepKhuc's ownership or proprietary rights therein or any other DiepKhuc information or materials, tangible or intangible, in any form and in any medium.
ACCOUNT INFORMATION. To access DiepKhuc you must be at least eighteen (18) years of age. There are certain areas on DiepKhuc that contain adult or mature content. Accordingly, you represent that you are at least eighteen (18) years of age to use those areas. No one under the age of thirteen (13) is permitted to use DiepKhuc. No one between the ages of thirteen (13) and eighteen (18) may use DiepKhuc without adult supervision. Parents and guardians assume all liability and responsibility for the use of their accounts by other persons, including but not limited to use of their accounts by persons under eighteen (18) years of age. Any user found to be under the age of thirteen (13) or permitting use of DiepKhuc by a person under the age of thirteen (13), may have his or her account suspended or terminated with or without notice and other actions may also be taken. If a child under thirteen (13) has access to your computer, do not save your DiepKhuc password; this will restrict the child and any unauthorized user from using your account. In addition, we strongly recommend that you check regularly to see if any new, unauthorized accounts have been created under your DiepKhuc account.
When you register for DiepKhuc, you will choose a username or nickname and an account (DiepKhuc User Identification ("UID")) will be created for you. You may not select a nickname, which violates any copyright, third party's trademark right or other proprietary right or a name, which DiepKhuc deems in its sole discretion to be profane, offensive or in any other way unacceptable. DiepKhuc reserves the right to delete any profane, offensive or unacceptable nicknames and/or to require you to change your nickname. You are entirely liable for all activities conducted through your Account and the nickname registered to your Account. You may allow another person, including a minor (13 - 18 years of age), to use your Account and nickname subject to your supervision; provided however, you shall remain liable for any such use of your Account by another person. In consideration for your use of the DiepKhuc software, you agree to (a) provide true, accurate and complete information about yourself as prompted by the registration forms (such information being the "Registration Data"), (b) maintain and promptly update the Registration Data to keep it true, accurate and complete and (c) notify DiepKhuc of any unauthorized use of your account, password or other breach of security.
NO REPRESENTATIONS OR WARRANTIES. THE SOFTWARE IS PROVIDED "AS IS" WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE AND THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
TERMS OF USE. You, and anyone you authorize to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying DiepKhuc or which DiepKhuc in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the DiepKhuc services, DiepKhuc reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the DiepKhuc services, your subscription fee WILL NOT be refunded (either in whole or in part) if your accounts is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefore, DiepKhuc reserves the right to restrict conduct and/or take measures against conduct, which DiepKhuc deems in its sole discretion to be harmful or offensive to other users is unacceptable for any reason or no reason whatsoever or otherwise detracts from the DiepKhuc service or adversely affects DiepKhuc, its business or software in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or Images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a DiepKhuc employee, administrator or representative; (d) disparaging the DiepKhuc service, DiepKhuc or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users; (f) permitting language, text or images that are inappropriate to the room you host or abusing your right to take action against participants in your room or (g) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or is inconsistent with the rating of a room or attempting, soliciting or abetting another to do of any of the above. In addition, examples of unacceptable conduct include, but not be limited to, hacking the Software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancel bot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by DiepKhuc to address unacceptable or otherwise prohibited behavior on any occasion shall not constitute a waiver by DiepKhuc with respect to any similar behavior in the future. Without assuming the responsibility therefore, DiepKhuc also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organization.
Use of the DiepKhuc software may include advertisements of various forms, which are necessary for DiepKhuc to provide the service. Furthermore, all users may see advertisements of various forms on Partner websites and/or applications, such as Games.
You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that DiepKhuc is not responsible for such Content. DiepKhuc does not administer Commercial Rooms or other rooms and is not responsible for the content of Commercial or other rooms, unless specifically denoted. Inclusion of a chat room, User Submission (as defined below) or other Content on the DiepKhuc home page, a landing page, or any other page does not constitute an endorsement by DiepKhuc or indicate that the Content has been reviewed or approved by DiepKhuc, and DiepKhuc expressly disclaims responsibility for same. DiepKhuc expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on DiepKhuc, you do so at your own risk.
If another DiepKhuc user attempts to send or sends you a video, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, the image sent by the user may be inappropriate for the rating of the DiepKhuc web-room you are in. Accordingly, you should use your judgment before agreeing to accept an Image. You hereby agree that your acceptance of such Images is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against DiepKhuc Parties (hereinafter defined) arising out of, or relating to your acceptance of Images.
In addition, you should be aware that if you elect to publish, distribute, disseminate, display, post or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat. In addition, all Images, Chats, and other Content may be posted at various times on the DiepKhuc homepage, landing pages and/or other pages and you consent to same.
You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against DiepKhuc Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.
Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a DiepKhuc user to capture any Image or Chat that is Published on DiepKhuc without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service.
DIEPKHUC PICTURE REQUIREMENTS. Please follow the following guidelines when submitting a picture. DiepKhuc strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways. DiepKhuc allows you to submit up to 10 pictures of yourself, including one primary picture and 9 secondary pictures. Non-paying members can only view primary pictures, and paying members can view all pictures. DiepKhuc will screen all primary pictures within 48 hours after submission, and you will be notified when it is approved or rejected. Primary pictures will not be displayed until DiepKhuc approves them.
All pictures must follow the below guidelines:
PRIMARY PICTURES. Primary pictures must additionally following these guidelines:
Occasionally, with your permission, DiepKhuc will feature your pictures in various places throughout DiepKhuc, such as the DiepKhuc homepage, or other locations. If you wish to have your primary picture considered for display in these areas or others, simply access the privacy section of your DiepKhuc People profile and modify the appropriate setting.
VIRTUAL ITEMS. As part of the Services, you may be allowed to purchase or earn (a) virtual currency, sometimes referred to as DiepKhuc Tim, (b) virtual goods, including without limitation, virtual coins, cash, tokens, stickers and gifts, and (c) status awards and achievements (e.g., crowns and crown points), all for use exclusively in the Services (referred to collectively as “Virtual Items”). Other than a limited, personal, revocable, non-transferable, non-sublicensable license to use the Virtual Items in the Services only, you have no right or title in or to any such Virtual Items appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. Any “virtual currency” (e.g., DiepKhuc Tim) balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your limited license. DiepKhuc may at any time regulate, control, modify and/or eliminate some or all of the Virtual Items for any reason in its sole discretion.
You are not allowed to transfer Virtual Items outside the Services, for example by selling, gifting, or trading them. DiepKhuc will not recognize those transfers as legitimate. You are not allowed to sublicense, trade, sell, or attempt to sell Virtual Items for “real” money, or exchange Virtual Items for value of any kind outside of the Services. Any such transfer or attempted transfer is prohibited and void, and such action may result in suspension or termination of your account. Your “purchased” Virtual Items will be used prior to any “earned” Virtual Items. In addition, certain Virtual Items, such as status awards and achievements, may expire after a period of non-use or in DiepKhuc’s sole discretion, even if your account remains active.
ALL SALES ARE FINAL AND NON-REFUNDABLE: YOU ACKNOWLEDGE THAT DiepKhuc IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY, OR WHETHER DiepKhuc HAS DISCONTINUED THE SERVICES OR ANY PORTION THEREOF.
NO SOLICITATION; NO DENIGRATION. As a condition to your use of DiepKhuc, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, consultant or any other person that is employed by, consults for, volunteers for, represents or assists DiepKhuc (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with DiepKhuc, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about DiepKhuc or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of DiepKhuc or any Representative, or otherwise tarnish or dilute any of DiepKhuc's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of DiepKhuc to cease using, and/or any potential customer or client of DiepKhuc not to use any DiepKhuc products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with DiepKhuc's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.
ROOM RATINGS. Group Chat Rooms are "rated" in order to enable users to determine what language and images are appropriate and may be expected. The ratings are guidelines that are enforced by the administrators of each chat room, and are not to be regarded as an assurance that the content will be safe or acceptable to you or anyone under eighteen (18) years of age. For example, in a "G-Rated Room," no foul language is permitted, nor are pictures involving adult themes (nudity or violence, for example). In an "R-Rated Room," some offensive language and content may occur; accordingly, you must be at least eighteen (18) years old to participate. In an "A-Rated Room," you should expect offensive language and content and you must be at least eighteen (18) years old to participate in such a room. DiepKhuc is not liable for any assumptions that you make when entering any given chat room or for any inappropriately rated chat rooms and you assume all risk in joining any chat room or permitting anyone under eighteen (18) years old to join any chat room.
HOSTING A CHAT ROOM. In accordance with the Terms of Service, you have the ability to create your own room on DiepKhuc. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service as applicable to your room, you (and certain people authorized by you), have various options to address such behavior. By "RIGHT CLICKING" on the name of the person that is not behaving appropriately, you will see a menu of choices, including: (a) removing that person's ability to speak ("Remove Mic"), (b) removing that person from your room ("Ban"), and (c) alerting DiepKhuc personnel ("Alert Admin of Misconduct"). In addition, you can add the user to your BuddyList, RIGHT CLICK on the user's name and click on "Block User," which will prevent the user from contacting you (except if you are in a group with that User). When creating your own room, more information will be available to you. You understand and agree that any room you host and Content thereon may be displayed in whole or in part on any page of the DiepKhuc site including, at DiepKhuc's sole discretion, the homepage.
YOUR USER SUBMISSIONS.
DIGITAL MILLENIUM COPYRIGHT ACT
If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Notifications of claimed infringement should be sent to: DiepKhuc LLC, PO Box 158, San Jose, CA 95116, email: copyright@diepkhuc.com, fax: (408)707-3939. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
If a counter-notice is received by the Copyright Agent, DiepKhuc may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at DiepKhuc's sole discretion.
LAW ENFORCEMENT. DiepKhuc will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, DiepKhuc has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by DiepKhuc would include all steps that DiepKhuc deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.
TERMINATION OF ACCOUNT. If you breach this Agreement or any other terms that apply to you, DiepKhuc may, in its sole discretion, take action against you up to and including terminating your account and/or access to the Services or any portion thereof, and DiepKhuc is under no obligation to compensate you for any losses or results. You may stop using our Services at any time and may request that we delete your account at any time by following the instructions in our Privacy Policy. Unless applicable law requires otherwise, we are not required to provide refunds, benefits, or other compensation if you request deletion of your account.
To avoid retaining data that is no longer needed and/or to improve our services, we may delete or terminate accounts that are inactive (i.e., not logged into) for 180 days for any reason in our sole discretion.
Upon termination of your account for any reason, your limited license to use or access the Services will immediately cease and any Virtual Items, including but not limited to purchased virtual currency, such as, DiepKhuc Tim, will be permanently forfeited. In addition, any payments already made, including subscription fees, will not be refunded if your account is terminated or suspended.
LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DiepKhuc OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "DiepKhuc PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOFTWARE, THE LICENSE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, EVEN IF DiepKhuc HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD DiepKhuc PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE DiepKhuc SOFTWARE AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT.
U.S. GOVERNMENT RESTRICTED RIGHTS: The Software is provided with RESTRICTED RIGHTS. Use, duplication or disclosure by the Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is A.V.M. Software, Inc., PO Box 326, Jericho, NY 11753.
GOVERNING LAW; AMENDMENTS. In enforcing, interpreting and for all other purposes, this Agreement will be governed by the substantive laws of the State of California and in the event of a dispute arising hereunder, you agree to be bound by the exclusive jurisdiction of the federal and state courts located in the State of California, City of San Jose, County of Santa Clara. If a court determines any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. This Agreement may not be modified except to the extent of a written agreement to do so by an authorized representative of DiepKhuc. DiepKhuc reserves the right to modify the terms of this Agreement from time to time without notice to you, by posting the most current version of the Agreement on its website. In addition to the terms of this Agreement, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the DiepKhuc software.
CONSOLIDATION; CREDITORS RIGHTS. In the event of a merger, sale of assets or other corporate transaction involving DiepKhuc or in the event of a bankruptcy, insolvency or other action involving creditors of DiepKhuc or under other similar or related circumstances, DiepKhuc reserves the right to disclose and/or sell information about you and your Account. In the event DiepKhuc ceases its operations for a period of thirty (30) or more continuous days, you may file a claim for a refund of a prorated portion of your subscription premium, provided however, that you must file any claim within sixty (60) days of the first day on which DiepKhuc's service was first terminated (the "Claim Period"). In the event you fail to submit a claim with the Claim Period, you will not be entitled to a refund.
In the event you believe that a user has sent inappropriate images of a minor or has solicited a minor, please click on www.cybertipline.com, which is affiliated with the National Center for Missing and Exploited Children (telephone 1-800-843-5678).
OTHER REFERENCE SITES:
General Information:
Legal issues
Child safety information sites: