WEBSITE USER AGREEMENT: TERMS AND CONDITIONSRevision Date: 28 September 2010 This site and its content is owned and operated by: DIGIZENSEI MEDIA GROUP, LLC ("DIGIZENSEI MEDIA") Access to and use of www.digizensei.com (referred to here as the "Site") is provided by the following User Agreement: Terms and Conditions (together referred to here as the "Terms and Conditions"). Please read them carefully. PLEASE READ THE FOLLOWING Terms and Conditions CAREFULLY BEFORE USING THIS SITE. By using this site, you signify your agreement to these Terms and Conditions and you acknowledge that you have read and thoroughly understand these Terms and Conditions. If you do not agree to these Terms and Conditions, do not continue using this site. DIGIZENSEI MEDIA may modify these Terms and Conditions at will and at anytime. Use of the Site constitutes your acceptance of these Terms and Conditions effective the date on which you first enter the Site. You are responsible for reviewing and educating yourself on any and all modified regarding Terms and Conditions posted online. Your continued use of the Site after changes are posted constitutes your acceptance of this agreement as modified by the posted changes. If at any time you do not accept these Terms and Conditions immediately terminate use of the Site. RESTRICTIONS ON USE OF MATERIALS:All rights, including copyright, of the contents of the Site are owned or controlled for these purposes by DIGIZENSEI MEDIA.This site is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by DIGIZENSEI MEDIA and/or its subsidiaries for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. If you download software from the site, all software, including all files and images, generated by or contained in the software, and associated data (together referred to here as "Software") are hereby licensed to you by DIGIZENSEI MEDIA for your personal, non-commercial home use only. DIGIZENSEI MEDIA does not transfer either the title or the intellectual property rights to the Software and DIGIZENSEI MEDIA reserves full and complete title to the Software as well as all intellectual property rights therein. You are not licensed to sell, distribute or reproduce the Software, nor may you decompile, reverse engineer, disassemble or otherwise adapt the Software in any manner. All trademarks and logos are owned by DIGIZENSEI MEDIA and its licensors, and by accessing the Site, you acknowledge that you are not authorized to copy or use them in any manner. You may not modify, copy, publish, display, transmit, adapt or in any way exploit (whether for commercial gain or otherwise) any content from the Site without our prior written consent and without the prior written consent of all other entities with an interest in the relevant intellectual property. This site is controlled and operated by DIGIZENSEI MEDIA from its offices within the State of Washington, United States of America. DIGIZENSEI MEDIA makes no claim that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations other than that of the State of Washington, United States of America do so with the understanding that they are responsible to comply with local laws, if and to the extent local laws are applicable. Software from this site is subject to U.S. export controls. No software from this site may be downloaded or otherwise exported into, or to a national or resident of Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or to anyone on the U.S. Treasury Department's list of Specially Designated National or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the software, you acknowledge and confirm that you are not located in, under the control of, or are a national or resident of any such country, or on any such list. You agree to use the Site for lawful purposes only, and in a manner which does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by any third party. Such restrictions and inhibitions include, but is not limited to, conduct deemed unlawful by local laws, or which may harass or cause distress to any person. This includes the transmission of obscene or offensive content, or disruption of normal flow of dialogue within the Site. The names, images and logos identifying DIGIZENSEI MEDIA or third parties and their products and services are proprietary marks of DIGIZENSEI MEDIA and/or third parties. All rights reserved. Nothing contained herein shall be construed as conferring by implication, estoppels or otherwise any license or right under any trade mark or patent of DIGIZENSEI MEDIA or any other third party. You acknowledge that we own and/or control trademarks on the Site and you may not use any of them without our prior written permission. DISCLAIMERS AND LIMITATION OF LIABILITY; FORWARD-LOOKING STATEMENTSThe Site and the information, names, images, pictures, logos and icons regarding or relating to DIGIZENSEI MEDIA, its products and services is provided "AS IS" and without any warranties of any kind either expresses or implied. DIGIZENSEI MEDIA does not warrant or make any representation or endorsement regarding the use, or the results of the use of any content or other materials in the site in terms of their correctness, accuracy, reliability, or otherwise. While DIGIZENSEI MEDIA takes reasonable steps to ensure the quality of content and information made available on the Site in general terms (other than content and information provided by the users of the Site) neither its officers, employees, contractors or content providers assume any responsibility for the accuracy, correctness, relevance, completeness or currency of the information or other content on the Site. For the avoidance of doubt, the information and other content on the Site is for general information only and is not intended to replace or substitute any services of any kind of trained professionals.DIGIZENSEI MEDIA is not held liable for any medical conditions you may experience after or during the use of the Site. It is solely your responsibility to consult with your physician before accessing any images, pictures or software contained in the Site. You should always promptly seek medical advice in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Site. DIGIZENSEI MEDIA does not warrant that the functions contained in the material contained in the Site will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of viruses, bugs or other harmful components or represents the full functionality, accuracy, reliability of the materials. You should take appropriate precautions to ensure that any content that you download is free of such viruses, bugs and other harmful content. Under no circumstances, including but not limited to negligence, shall DIGIZENSEI MEDIA be liable for any damages that result as consequences from the use of, or the inability to use, the Site or any downloaded materials, even if DIGIZENSEI MEDIA has been advised of the possibility of such damages. In no event will DIGIZENSEI MEDIA's liability to you from any damages or losses exceed the amount you paid to DIGIZENSEI MEDIA, if any at all, for products or services purchased on the Site. LINKS TO OTHER WEBSITESThese Terms and Conditions apply only to the Site and not to any of the sites which the Site hyperlinks to. We assume no responsibility whatsoever for websites that the Site either hyperlinks to or otherwise refers to. In particular, we do not assume any responsibility for any information or content on such sites (including but not limited to any views, advice, opinions, advertising or recommendations). Nor do we assume any responsibility in connection with any product or service such sites may offer. Under no circumstances will DIGIZENSEI MEDIA, its officers, employees, contractors or content providers be liable, directly or indirectly, for any loss or damage resulting from you accessing or using, or otherwise in connection with, any website either hyperlinked to or otherwise referred to on the Site. Links do not imply that DIGIZENSEI MEDIA endorses, is affiliated or associated with any linked site or is legally authorized to use any trade mark, trade name, logo or copyright symbol displayed in or accessible through the links or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of DIGIZENSEI MEDIA or any of its affiliates or subsidiaries.YOUR CONTRIBUTIONS:In some parts of the Site you may send your contributions and we welcome these. However, notwithstanding anything else contained in these Terms and Conditions, when you do so you must:(i) ensure that there is nothing in your contribution which is or might be regarded as harassing, threatening, abusive, vulgar, obscene, defamatory, racist or otherwise unlawful; (ii) agree that even if your contribution is published on the Site, it may be removed from the Site or edited at any time for any reason and without notice; (iii) agree that DIGIZENSEI MEDIA may publish your contribution on the Site worldwide and that it may be accessed and downloaded by other visitors; and (iv) waive all so-called moral rights (or other similar rights) in relation to your contributions You acknowledge that by posting, uploading or sending any materials to us you thereby grant us and our licensors and assigns an irrevocable, unconditional, perpetual, royalty free, worldwide license to use such material(s) or any part of it both within the Site and in any other manner which we may determine in or sole discretion. The license extends to copying, distributing, broadcasting, and otherwise transmitting, and adapting and editing the materials. You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out of or in connection with: (i) any claim by any third party that the use of the Site by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice; (ii) any claim by any third party that the use of the Site by you infringes that third party's copyright or other intellectual property rights of whatever nature; and (iii) any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of the Site by you. In addition to the above, you agree to fully indemnify us against any claims or legal proceedings arising in connection with your use of the Site which are brought or threatened against us by any other person/company. You will fully indemnify and defend us against all claims, liability, damages, costs and expenses, including legal fees, arising out of a breach of these Terms and Conditions or any use of the Site by you. You further undertake that in the event that you have any right, claim or action against any other user arising from the use of the Site, you shall pursue such right, claim or action independently of, and without recourse to us. ADVERTISING AND SPONSORSHIP:Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with relevant laws, codes and regulations. We exclude to the fullest extent permitted by law any responsibility for any error or inaccuracy appearing in any advertising or sponsorship material.DATA PROTECTION:In line with the Data Protection Act 2000, DIGIZENSEI MEDIA takes the necessary security measures to safeguard your personal data that is provided to us on the Site. As such we have taken the steps to ensure that there is no unauthorized of unlawful processing or disclosure of data.All data is:
YOUR RIGHTS AS AN INDIVIDUAL:As an individual you have the right to find out what information is held about you on our database. If you wish to know what details are held about you, please email to: terms[at]digizensei.com. You have the right to ask for your information to be removed from the Site at any time or to ask for your data to be removed from the database. If you wish to unsubscribe at any time to any information you are receiving via any medium, click on the unsubscribe link on pages where it is provided and change your opt-in status or email us at terms[at]digizensei.com.
YOUR RIGHTS REGARDING THIRD PARTIES:Your details may be used for third party promotions and or marketing. Should you NOT wish to have your details used in this way, please email to: terms[at]digizensei.com and you will be removed from all third party promotions. Alternatively registered users of the Site can opt out from third party promotions by editing their preferences on the list of options provided.FAIRNESS IN PROCESS:All data that is processed on your behalf will be done fairly. In order to comply with this the following information is readily available if you require it:
The Data Protection Act imposes further restrictions on the processing of sensitive personal data which include information about racial or ethnic origin; political opinions; religious or other beliefs; trade union membership; health, sex life; criminal allegations, proceedings or convictions. For any further information on the Data Protection Act 1998, please visit: www.dataprotection.gov.uk. MISCELLANEOUS:You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. TERMINATION:This agreement, as outlined by the Terms and Conditions, is effective unless and until terminated by either you or DIGIZENSEI MEDIA. You may terminate this agreement at any time by no longer using this website. DIGIZENSEI MEDIA may terminate this agreement at any time and without notice, and deny you access to this website according to our sole discretion. Infringement of this agreement includes, but is not limited to, your failure to comply with any terms outlined herein. Upon any termination of this agreement by either you or DIGIZENSEI MEDIA you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials.If you breach these Terms and Conditions and DIGIZENSEI MEDIA ignores this, DIGIZENSEI MEDIA will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the User Agreement: Terms and Conditions. DIGIZENSEI MEDIA shall not be responsible for any breach of these Terms and Conditions where such breach is caused by circumstances beyond its control. A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act. If you have any queries concerning any part of the User Agreement: Terms and Conditions, please contact us at: terms[at]digizensei.com. |
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