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TERMS OF USE
Last
updated May 21, 2021
AGREEMENT TO
TERMS
These
Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (“you”) and DIGIWORLDPLUS LTD ("Company", “we”, “us”, or “our”), concerning your access to and
use of the https://www.digiworldplus.com website as well as any other media form, media channel,
mobile website or mobile application related, linked, or otherwise connected
thereto (collectively, the “Site”). You agree that by accessing the Site, you
have read, understood, and agreed to be bound by all of these Terms of Use. IF
YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY
PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental
terms and conditions or documents that may be posted on the Site from time to
time are hereby expressly incorporated herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms
of Use at any time and for any reason. We will alert you about any changes by
updating the “Last updated” date of these Terms of Use, and you waive any right
to receive specific notice of each such change. It is your responsibility to
periodically review these Terms of Use to stay informed of updates. You will be
subject to, and will be deemed to have been made aware of and to have accepted,
the changes in any revised Terms of Use by your continued use of the Site after
the date such revised Terms of Use are posted.
The
information provided on the Site is not intended for distribution to or use by
any person or entity in any jurisdiction or country where such distribution or
use would be contrary to law or regulation or which would subject us to any
registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Site from other locations do so on their
own initiative and are solely responsible for compliance with local laws, if
and to the extent local laws are applicable.
The
Site is not tailored to comply with industry-specific regulations (Health
Insurance Portability and Accountability Act (HIPAA), Federal Information
Security Management Act (FISMA), etc.), so if your interactions would be
subjected to such laws, you may not use this Site. You may not use the Site in
a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The
Site is intended for users who are at least 18 years old. Persons under the age
of 18 are not permitted to use or register for the Site.
INTELLECTUAL
PROPERTY RIGHTS
Unless
otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text,
photographs, and graphics on the Site (collectively, the “Content”) and the
trademarks, service marks, and logos contained therein (the “Marks”) are owned
or controlled by us or licensed to us, and are protected by copyright and
trademark laws and various other intellectual property rights and unfair
competition laws of the United States, international copyright laws, and
international conventions. The Content and the Marks are provided on the Site
“AS IS” for your information and personal use only. Except as expressly
provided in these Terms of Use, no part of the Site and no Content or Marks may
be copied, reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold, licensed, or
otherwise exploited for any commercial purpose whatsoever, without our express
prior written permission.
Provided
that you are eligible to use the Site, you are granted a limited license to
access and use the Site and to download or print a copy of any portion of the
Content to which you have properly gained access solely for your personal,
non-commercial use. We reserve all rights not expressly granted to you in and
to the Site, the Content and the Marks.
USER
REPRESENTATIONS
By
using the Site, you represent and warrant that: (1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as necessary;
(3) you have the legal capacity and you agree to
comply with these Terms of Use; (4) you are
not a minor in the jurisdiction in which you reside; (5) you will not access
the Site through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If
you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
USER
REGISTRATION
You
may be required to register with the Site. You agree to keep your password
confidential and will be responsible for all use of your account and password.
We reserve the right to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is inappropriate,
obscene, or otherwise objectionable.
PRODUCTS
All
products are subject to availability. We reserve the right to discontinue any
products at any time for any reason. Prices for all products are subject to
change.
PURCHASES
AND PAYMENT
We
accept the following forms of payment:
- Visa
-
Mastercard
-
American Express
-
Discover
-
PayPal
You
agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Site. You further agree to promptly
update account and payment information, including email address, payment
method, and payment card expiration date, so that we can complete your
transactions and contact you as needed. Sales tax will be added to the price of
purchases as deemed required by us. We may change prices at any time. All
payments shall be in U.S. dollars, Euros or Pound Sterling.
You
agree to pay all charges at the prices then in effect for your purchases and
any applicable shipping fees, and you authorize us to charge your chosen
payment provider for any such amounts upon placing your order. We reserve the
right to correct any errors or mistakes in pricing, even if we have already
requested or received payment.
We
reserve the right to refuse any order placed through the Site. We may, in our
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 payment method, and/or orders that
use the same billing or shipping address. We reserve the right to limit or
prohibit orders that, in our sole judgment, appear to be placed by dealers,
resellers, or distributors.
REFUNDS
POLICY
Please
review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED
ACTIVITIES
You
may not access or use the Site for any purpose other than that for which we
make the Site available. The Site may not be used in connection with any
commercial endeavors except those that are specifically endorsed or approved by
us.
As
a user of the Site, you agree not to:
1. Systematically retrieve data or other content
from the Site to create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission from us.
2. Make
any unauthorized use of the Site, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of sending
unsolicited email, or creating user accounts by automated means or under false
pretenses.
3. Use a
buying agent or purchasing agent to make purchases on the Site.
4. Use the
Site to advertise or offer to sell goods and services.
5. Circumvent, disable, or otherwise interfere
with security-related features of the Site, including features that prevent or
restrict the use or copying of any Content or enforce limitations on the use of
the Site and/or the Content contained therein.
6. Engage
in unauthorized framing of or linking to the Site.
7. Trick,
defraud, or mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
8. Make
improper use of our support services or submit false reports of abuse or
misconduct.
9. Engage
in any automated use of the system, such as using scripts to send comments or
messages, or using any data mining, robots, or similar data gathering and extraction
tools.
10. Interfere with, disrupt, or create an undue
burden on the Site or the networks or services connected to the Site.
11. Attempt
to impersonate another user or person or use the username of another user.
12. Sell or
otherwise transfer your profile.
13. Use any
information obtained from the Site in order to harass, abuse, or harm another
person.
14. Use the
Site as part of any effort to compete with us or otherwise use the Site and/or
the Content for any revenue-generating endeavor or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse
engineer any of the software comprising or in any way making up a part of the
Site.
16. Attempt
to bypass any measures of the Site designed to prevent or restrict access to
the Site, or any portion of the Site.
17. Harass,
annoy, intimidate, or threaten any of our employees or agents engaged in
providing any portion of the Site to you.
18. Delete
the copyright or other proprietary rights notice from any Content.
19. Copy or
adapt the Site’s software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
20. Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or
other material, including excessive use of capital letters and spamming (continuous
posting of repetitive text), that interferes with any party’s uninterrupted use
and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes
with the use, features, functions, operation, or maintenance of the Site.
21. Upload or
transmit (or attempt to upload or to transmit) any material that acts as a
passive or active information collection or transmission mechanism, including
without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels,
web bugs, cookies, or other similar devices (sometimes referred to as “spyware”
or “passive collection mechanisms” or “pcms”).
22. Except
as may be the result of standard search engine or Internet browser usage, use,
launch, develop, or distribute any automated system, including without
limitation, any spider, robot, cheat utility, scraper, or offline reader that
accesses the Site, or using or launching any unauthorized script or other
software.
23. Disparage, tarnish, or otherwise harm, in our
opinion, us and/or the Site.
24. Use the
Site in a manner inconsistent with any applicable laws or regulations.
USER
GENERATED CONTRIBUTIONS
The
Site does not offer users to submit or post content. We may provide you with
the opportunity to create, submit, post, display, transmit, perform, publish,
distribute, or broadcast content and materials to us or on the Site, including
but not limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material (collectively,
"Contributions"). Contributions may be viewable by other users of the
Site and through third-party websites. As such, any Contributions you transmit
may be treated in accordance with the Site Privacy Policy. When you create or
make available any Contributions, you thereby represent and warrant that:
1. The
creation, distribution, transmission, public display, or performance, and the
accessing, downloading, or copying of your Contributions do not and will not
infringe the proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third party.
2. You
are the creator and owner of or have the necessary licenses, rights, consents,
releases, and permissions to use and to authorize us, the Site, and other users
of the Site to use your Contributions in any manner contemplated by the Site
and these Terms of Use.
3. You
have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the Site
and these Terms of Use.
4. Your
Contributions are not false, inaccurate, or misleading.
5. Your
Contributions are not unsolicited or unauthorized advertising, promotional
materials, pyramid schemes, chain letters, spam, mass mailings, or other forms
of solicitation.
6. Your
Contributions are not obscene, lewd, lascivious, filthy, violent, harassing,
libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your
Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your
Contributions are not used to harass or threaten (in the legal sense of those
terms) any other person and to promote violence against a specific person or
class of people.
9. Your
Contributions do not violate any applicable law, regulation, or rule.
10.
Your Contributions do not violate the privacy or publicity rights of any
third party.
11.
Your Contributions do not contain any material that solicits personal
information from anyone under the age of 18 or exploits people under the age of
18 in a sexual or violent manner.
12.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors;
13.
Your Contributions do not include any offensive comments that are
connected to race, national origin, gender, sexual preference, or physical
handicap.
14.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Terms of Use, or any applicable law or
regulation.
Any
use of the Site or the Marketplace Offerings in violation of the foregoing
violates these Terms of Use and may result in, among other things, termination
or suspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION
LICENSE
You
and Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and
your choices (including settings).
By
submitting suggestions or other feedback regarding the Site, you agree that we
can use and share such feedback for any purpose without compensation to you.
We
do not assert any ownership over your Contributions. You retain full ownership
of all of your Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not liable for
any statements or representations in your Contributions provided by you in any
area on the Site. You are solely responsible for your Contributions to the Site
and you expressly agree to exonerate us from any and all responsibility and to
refrain from any legal action against us regarding your Contributions.
SUBMISSIONS
You
acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site or the Marketplace Offerings
("Submissions") provided by you to us are non-confidential and shall
become our sole property. We shall own exclusive rights, including all
intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all
moral rights to any such Submissions, and you hereby warrant that any such
Submissions are original with you or that you have the right to submit such
Submissions. You agree there shall be no recourse against us for any alleged or
actual infringement or misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY
WEBSITES AND CONTENT
The
Site may contain (or you may be sent via the Site or the Marketplace Offerings)
links to other websites ("Third-Party Websites") as well as articles,
photographs, text, graphics, pictures, designs, music, sound, video,
information, applications, software, and other content or items belonging to or
originating from third parties ("Third-Party Content"). Such
Third-Party Websites and Third-Party Content are not investigated, monitored,
or checked for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third Party Websites accessed through the Site or any
Third-Party Content posted on, available through, or installed from the Site,
including the content, accuracy, offensiveness, opinions, reliability, privacy
practices, or other policies of or contained in the Third-Party Websites or the
Third-Party Content. Inclusion of, linking to, or permitting the use or installation
of any Third-Party Websites or any Third-PartyContent does not imply approval
or endorsement thereof by us. If you decide to leave the Site and access the
Third-Party Websites or to use or install any Third-Party Content, you do so at
your own risk, and you should be aware these Terms of Use no longer govern. You
should review the applicable terms and policies, including privacy and data
gathering practices, of any website to which you navigate from the Site or
relating to any applications you use or install from the Site. Any purchases
you make through Third-Party Websites will be through other websites and from
other companies, and we take no responsibility whatsoever in relation to such
purchases which are exclusively between you and the applicable third party. You
agree and acknowledge that we do not endorse the products or services offered
on Third-Party Websites and you shall hold us harmless from any harm caused by
your purchase of such products or services. Additionally, you shall hold us harmless
from any losses sustained by you or harm caused to you relating to or resulting
in any way from any Third-Party Content or any contact with Third-Party
Websites.
ADVERTISERS
We
allow advertisers to display their advertisements and other information in
certain areas of the Site, such as sidebar advertisements or banner
advertisements. If you are an advertiser, you shall take full responsibility
for any advertisements you place on the Site and any services provided on the
Site or products sold through those advertisements. Further, as an advertiser,
you warrant and represent that you possess all rights and authority to place
advertisements on the Site, including, but not limited to, intellectual
property rights, publicity rights, and contractual rights. We simply provide
the space to place such advertisements, and we have no other relationship with
advertisers.
SITE
MANAGEMENT
We
reserve the right, but not the obligation, to: (1) monitor the Site for
violations of these Terms of Use; (2) take appropriate legal action against
anyone who, in our sole discretion, violates the law or these Terms of Use,
including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse, restrict
access to, limit the availability of, or disable (to the extent technologically
feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are excessive in size or
are in any way burdensome to our systems; and (5) otherwise manage the Site in
a manner designed to protect our rights and property and to facilitate the
proper functioning of the Site and the Marketplace Offerings.
PRIVACY
POLICY
We
care about data privacy and security. Please review our Privacy Policy: __________. By using the Site or the
Marketplace Offerings, you agree to be bound by our Privacy Policy, which is
incorporated into these Terms of Use. Please be advised the Site and the
Marketplace Offerings are hosted in Germany. If you access the Site or the Marketplace
Offerings from any other region of the world with laws or other requirements
governing personal data collection, use, or disclosure that differ from
applicable laws in Germany, then through your continued use of the Site, you
are transferring your data to Germany, and you expressly consent to have your
data transferred to and processed in Germany.
TERM AND
TERMINATION
These
Terms of Use shall remain in full force and effect while you use the Site.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE
RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS
TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING
WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT
CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS
OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If
we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed
name, or the name of any third party, even if you may be acting on behalf of
the third party. In addition to terminating or suspending your account, we
reserve the right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS
AND INTERRUPTIONS
We
reserve the right to change, modify, or remove the contents of the Site at any
time or for any reason at our sole discretion without notice. However, we have
no obligation to update any information on our Site. We also reserve the right
to modify or discontinue all or part of the Marketplace Offerings without
notice at any time. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Site or the
Marketplace Offerings.
We
cannot guarantee the Site and the Marketplace Offerings will be available at
all times. We may experience hardware, software, or other problems or need to
perform maintenance related to the Site, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend, discontinue, or
otherwise modify the Site or the Marketplace Offerings at any time or for any
reason without notice to you. You agree that we have no liability whatsoever
for any loss, damage, or inconvenience caused by your inability to access or
use the Site or the Marketplace Offerings during any downtime or discontinuance
of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be
construed to obligate us to maintain and support the Site or the Marketplace
Offerings or to supply any corrections, updates, or releases in connection
therewith.
GOVERNING
LAW
These
conditions are governed by and interpreted following the laws of the United
Kingdom, and the use of the United Nations Convention of Contracts for the
International Sales of Goods is expressly excluded. If your habitual residence
is in the EU, and you are a consumer, you additionally possess the protection
provided to you by obligatory provisions of the law in your country to
residence. DIGIWORLDPLUS LTD and yourself both agree to submit to the
non-exclusive jurisdiction of the courts of England, which means that you may
make a claim to defend your consumer protection rights in regards to these
Conditions of Use in the United Kingdom, or in the EU country in which you
reside.
DISPUTE
RESOLUTION
Informal Negotiations
To
expedite resolution and control the cost of any dispute, controversy, or claim
related to these Terms of Use (each "Dispute" and collectively, the
“Disputes”) brought by either you or us (individually, a “Party” and
collectively, the “Parties”), the Parties agree to first attempt to negotiate
any Dispute (except those Disputes expressly provided below) informally for at
least thirty (30) days before initiating arbitration. Such informal
negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any
dispute arising from the relationships between the Parties to this contract
shall be determined by one arbitrator who will be chosen in accordance with the
Arbitration and Internal Rules of the European Court of Arbitration being part
of the European Centre of Arbitration having its seat in Strasbourg, and which
are in force at the time the application for arbitration is filed, and of which
adoption of this clause constitutes acceptance. The seat of arbitration shall
be London, United Kingdom. The language of the proceedings shall be English.
Applicable rules of substantive law shall be the law of the United Kingdom.
Restrictions
The
Parties agree that any arbitration shall be limited to the Dispute between the
Parties individually. The the full extent permitted by law, (a) no arbitration
shall be joined with any other proceeding; (b) there is no right or authority
for any Dispute to be arbitrated on a class-action basis or to utilize class
action procedures; and (c) there is no right or authority for any Dispute to be
brought in a purported representative capacity on behalf of the general public
or any other persons.
Exceptions to Informal Negotiations and Arbitration
The
Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any of
the intellectual property rights of a Party; (b) any Dispute related to, or
arising from, allegations of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive relief. If this provision is
found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and the
Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There
may be information on the Site that contains typographical errors,
inaccuracies, or omissions that may relate to the Marketplace Offerings,
including descriptions, pricing, availability, and various other information.
We reserve the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE
SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF
THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY
OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO
THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO
OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD
PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN
YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE
OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD
USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS
OF LIABILITY
IN
NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INDEMNIFICATION
You
agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of: (1) use of the Site; (2) breach of these Terms of Use;
(3) any breach of your representations and warranties set forth in these Terms
of Use; (4) your violation of the rights of a third party, including but not
limited to intellectual property rights; or (5) any overt harmful act toward
any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume
the exclusive defense and control of any matter for which you are required to
indemnify us, and you agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify you of any such claim,
action, or proceeding which is subject to this indemnification upon becoming
aware of it.
USER DATA
We
will maintain certain data that you transmit to the Site for the purpose of
managing the performance of the Site, as well as data relating to your use of
the Site. Although we perform regular routine backups of data, you are solely
responsible for all data that you transmit or that relates to any activity you
have undertaken using the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you hereby waive any right
of action against us arising from any such loss or corruption of such data.
ELECTRONIC
COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting
the Site, sending us emails, and completing online forms constitute electronic
communications. You consent to receive electronic communications, and you agree
that all agreements, notices, disclosures, and other communications we provide
to you electronically, via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE TO THE USE OF
ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC
DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR
COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or retention of
non-electronic records, or to payments or the granting of credits by any means
other than electronic means.
CALIFORNIA
USERS AND RESIDENTS
If
any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market Blvd.,
Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or
(916) 445-1254.
MISCELLANEOUS
These
Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or provision of these
Terms of Use shall not operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible by law. We may assign
any or all of our rights and obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part of a
provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision is deemed severable from
these Terms of Use and does not affect the validity and enforceability of any
remaining provisions. There is no joint venture, partnership, employment or
agency relationship created between you and us as a result of these Terms of
Use or use of the Site. You agree that these Terms of Use will not be construed
against us by virtue of having drafted them. You hereby waive any and all
defenses you may have based on the electronic form of these Terms of Use and
the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In
order to resolve a complaint regarding the Site or to receive further
information regarding use of the Site, please contact us at:
DIGIWORLDPLUS LTD
160 City Rd,
London, England EC1V 2NX
United Kingdom
Phone: (+44)7888216551
Fax: (+49)45148902917
