Terms Of Use
AGREEMENT BETWEEN USER
AND DigiGrind
The DigiGrind Web Site
is comprised of various Web pages operated by DigiGrind
The DigiGrind Web Site is offered to you
conditioned on your acceptance without modification of the terms, conditions,
and notices contained herein. Your use of the DigiGrind,
Web Site constitutes your agreement to all such terms, conditions, and
notices.
MODIFICATION OF THESE TERMS OF USE
DigiGrind reserves the right to change the
terms, conditions, and notices under which the DigiGrind,
Web Site is offered, including but not limited to the charges associated
with the use of the DigiGrind Web Site.
LINKS TO THIRD PARTY SITES
The DigiGrind Web Site may contain links to
other Web Sites ("Linked Sites"). The Linked Sites are not under the
control of DigiGrind and DigiGrind,
is not responsible for the contents of any Linked Site, including without
limitation any link contained in a Linked Site, or any changes or updates to a
Linked Site. DigiGrind is not responsible for
webcasting or any other form of transmission received from any Linked Site. DigiGrind is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement by DigiGrind of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the DigiGrind Web
Site, you warrant to DigiGrind that you will not
use the DigiGrind Web Site for any purpose that
is unlawful or prohibited by these terms, conditions, and notices. You may not
use the DigiGrind Web Site in any manner which
could damage, disable, overburden, or impair the DigiGrind,
Web Site or interfere with any other party's use and enjoyment of the DigiGrind Web Site. You may not obtain or attempt to
obtain any materials or information through any means not intentionally made
available or provided for through the DigiGrind
Web Sites.
USE OF COMMUNICATION SERVICES
The DigiGrind Web Site may contain bulletin
board services, chat areas, news groups, forums, communities, personal web
pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group
(collectively, "Communication Services"), you agree to use the
Communication Services only to post, send and receive messages and material
that are proper and related to the particular Communication Service. By way of
example, and not as a limitation, you agree that when using a Communication
Service, you will not:
§ Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as rights of privacy and
publicity) of others.
§ Publish, post, upload,
distribute or disseminate any inappropriate, profane, defamatory, infringing,
obscene, indecent or unlawful topic, name, material or information.
§ Upload files that
contain software or other material protected by intellectual property laws (or
by rights of privacy of publicity) unless you own or control the rights thereto
or have received all necessary consents.
§ Upload files that
contain viruses, corrupted files, or any other similar software or programs
that may damage the operation of another's computer.
§ Advertise or offer to
sell or buy any goods or services for any business purpose, unless such
Communication Service specifically allows such messages.
§ Conduct or forward
surveys, contests, pyramid schemes or chain letters.
§ Download any file
posted by another user of a Communication Service that you know, or reasonably
should know, cannot be legally distributed in such manner.
§ Falsify or delete any
author attributions, legal or other proper notices or proprietary designations
or labels of the origin or source of software or other material contained in a
file that is uploaded.
§ Restrict or inhibit
any other user from using and enjoying the Communication Services.
§ Violate any code of
conduct or other guidelines which may be applicable for any particular
Communication Service.
§ Harvest or otherwise collect
information about others, including e-mail addresses, without their consent.
§ Violate any applicable
laws or regulations.
DigiGrind, has no
obligation to monitor the Communication Services. However, DigiGrind,
reserves the right to review materials posted to a Communication Service
and to remove any materials in its sole discretion. DigiGrind,
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason whatsoever.
DigiGrind reserves the right at all times to
disclose any information as necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post
or to remove any information or materials, in whole or in part, in DigiGrind's sole discretion.
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. DigiGrind,
does not control or endorse the content, messages or information found in
any Communication Service and, therefore, DigiGrind,
specifically disclaims any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized DigiGrind,
spokespersons, and their views do not necessarily reflect those of DigiGrind.
Materials uploaded to a Communication Service may be subject to posted
limitations on usage, reproduction and/or dissemination. You are responsible
for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DigiGrind
OR POSTED AT ANY DigiGrind WEB SITE
DigiGrind does not claim ownership of the
materials you provide to DigiGrind (including
feedback and suggestions) or post, upload, input or submit to any DigiGrind Web Site or its associated services
(collectively "Submissions"). However, by posting, uploading,
inputting, providing or submitting your Submission you are granting DigiGrindits affiliated companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly display,
publicly perform, reproduce, edit, translate and reformat your Submission; and
to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as
provided herein. DigiGrind is under no
obligation to post or use any Submission you may provide and may remove any
Submission at any time in DigiGrind's sole
discretion.
By posting, uploading, inputting, providing or submitting your Submission you
warrant and represent that you own or otherwise control all of the rights to
your Submission as described in this section including, without limitation, all
the rights necessary for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE
THROUGH THE DigiGrind WEB SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. DigiGrind AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE DigiGrind,
WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE DigiGrind,
WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR
FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR
SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DigiGrind AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE DigiGrind WEB SITE FOR
ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED
"AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DigiGrind AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL
WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DigiGrind AND/OR ITS SUPPLIERS BE LIABLE FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY
DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE DigiGrind WEB SITE, WITH THE DELAY OR
INABILITY TO USE THE DigiGrind WEB SITE OR
RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
THE DigiGrind WEB SITE, OR OTHERWISE ARISING OUT
OF THE USE OF THE DigiGrind WEB SITE, WHETHER
BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DigiGrind OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY
PORTION OF THE DigiGrind WEB SITE, OR WITH ANY
OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE DigiGrind WEB SITE.
SERVICE CONTACT :support@digigrind.com
TERMINATION/ACCESS RESTRICTION
DigiGrind reserves the right, in its sole
discretion, to terminate your access to the DigiGrind,
Web Site and the related services or any portion thereof at any time,
without notice. GENERAL To the maximum extent permitted by law, this agreement
is governed by the laws of the State of Washington, U.S.A. and you hereby
consent to the exclusive jurisdiction and venue of courts in King County,
Washington, U.S.A. in all disputes arising out of or relating to the use of the
DigiGrind Web Site. Use of the DigiGrind Web Site is unauthorized in any jurisdiction
that does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and DigiGrind as a result of this agreement or use of the DigiGrind Web Site. DigiGrind,
's performance of this agreement is subject to existing laws and legal
process, and nothing contained in this agreement is in derogation of DigiGrind's right to comply with governmental, court
and law enforcement requests or requirements relating to your use of the DigiGrind Web Site or information provided to or
gathered by DigiGrind with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable
provision that most closely matches the intent of the original provision and
the remainder of the agreement shall continue in effect. Unless otherwise
specified herein, this agreement constitutes the entire agreement between the
user and DigiGrind with respect to the DigiGrind Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral or
written, between the user and DigiGrind with
respect to the DigiGrind Web Site. A printed
version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to
this agreement to the same extent an d subject to the same conditions as other
business documents and records originally generated and maintained in printed
form. It is the express wish to the parties that this agreement and all related
documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the DigiGrind Web Site are:
Copyright 2016 by DigiGrind and/or its
suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company, organization,
product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed
copyright infringement under United States copyright law should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE
FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.