Digital Disclaimer
Please read carefully
Digital uses diligent efforts to maintain the Digital Service, but Digital is not responsible for any defects or failures associated with the Digital Service or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures. In addition, Digital makes no guarantees as to the sites and information located worldwide throughout the Internet to which you may access as a result of the use of the Digital Service, including as to the accuracy, content, or quality of any such sites and information.
Please note the following important disclaimers of warranties:
The digital service is provided “as is” and you use it at your sole risk. Digital expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Without limitation, digital makes no warranty that the digital service will meet your requirements, that it will be uninterrupted, timely, secure, or error-free, that the results obtained from the use of the digital service will be accurate or reliable, or that the quality of any products, services, information, or other material obtained through the digital service will meet your expectations.
Any material downloaded or otherwise obtained through the use of the digital service is done at your sole risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Further, please note that no advice or information, obtained by you through the digital service shall create any warranty not expressly provided for in these terms of use.
Limitation of Liability
You expressly understand and agree that digital shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if digital has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the digital service; (ii) the 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 digital service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the digital service; or (v) any other matter relating to the digital service. in no event shall digital’ total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise exceed the amount paid by you, if any, for accessing this site.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. accordingly, some of the above limitations may not apply to you.
Indemnification
You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. you agree to indemnify, defend and hold harmless inet directories, llc and its officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of the digital service, your violation of the terms of use or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. you agree to immediately notify digital of any unauthorized use of your account or any other breach of security known to you.
Termination and Modification
You agree that Digital, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Digital Service, and remove and discard any Content within the Digital Service, for any or no reason. Digital may also in its sole discretion and at any time discontinue providing the Digital Service, or any part thereof, with or without notice. You agree that any termination of your access to the Digital Service under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that Digital may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Digital Service. Further, you agree that Digital shall not be liable to you or any third-party for any termination of your access to the Digital Service.
Governing Law and Other Miscellaneous Terms
The validity and effect of these terms and conditions shall be governed by and construed and enforced in accordance with the laws of the United Kingdom, without regard to its conflicts of laws principles. the parties expressly disclaim application of the united nations convention on contracts for the international sale of goods. any suit, action or proceeding concerning the digital service, its use, these terms and conditions, or concerning any other policy or procedure of digital, must be brought in a court of competent jurisdiction in Johnson county, Kansas (or the appropriate federal court for such area), and you hereby irrevocably consent to the jurisdiction of such court (and of the appropriate appellate courts there from) in any such suit, action or proceeding; and you irrevocably waive, to the fullest extent permitted by applicable law, any objection which you may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Copyright and Copyright notices
Digital respects the intellectual property of others, and we ask our users to do the same. Digital may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Digital’ Copyright Agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized By the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
