TERMS AND CONDITIONS
Welcome to digsite.com. Digsite.com is hosted by Digsite, Inc. (“Digsite,” “we,” or “us”), a Wisconsin corporation based in Madison, Wisconsin, which conducts business as Digsite and digsite.com.
By accessing or using digsite.com (the “Site”), the Digsite platform, any Digsite online communities, information, content or services through the Site (collectively, with the Site, the “Services”), you agree to be legally bound by and subject to these terms and conditions (“Agreement”). If you are using the Services on behalf of an entity, you represent and warrant that you are authorized to accept this Agreement on such entity’s behalf. If you do not agree to be bound by these terms, you may not use the Services. By using or accessing the Services or submitting information to us, you acknowledge and agree to and agree to be bound by the terms of this Agreement. We suggest that you print a copy of this Agreement for your records.
Use of the Services are void where prohibited. These Services is not directed to children under the age of 13. By continuing to use or access the Services, you represent that you are at least 13 years old and meet all other eligibility requirements as set forth in this Agreement. Except as may be required by law, we will not knowingly collect, maintain, or disclose any personal information from children under the age of 13 without their parent’s express approval and consent.
3. Modification of Agreement
We may, from time to time, modify the terms of this Agreement. When we make changes, we will post those within the Services. We will also post those changes here. Your continued use of the Services constitutes your acceptance of such changes. In addition, we may revise, add to, or discontinue the Services or parts thereof in our sole discretion, and without notice. You acknowledge and agree that we are not liable to you in the event of any change in, discontinuation of, or inability to access the Services or content. If you object to any changes to the Agreement or the Services, your sole recourse shall be to stop using the Services. Any new or additional features of the Services are subject to this Agreement.
This Agreement commences upon your acceptance of this Agreement and remains in effect until terminated by: (a) you at any time by sending us an email at email@example.com, or by contacting your community moderator; or (b) us at anytime, without cause.
5. Privacy & Security
Consistent with any law or regulation applicable to the Services and Digsite’s then current practices and procedures, Digsite will maintain and enforce administrative, technical, and physical safeguards to reasonably protect the confidentiality, availability, and integrity of your User Generated Content. Digsite will promptly report to you any compromise of security that it becomes aware of with regard to your User Generated Content.
Content made available through the Services including art work, graphics, images, text, music, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing (“Digsite Content”) is the property of Digsite and its licensors, and is protected in the U.S. and internationally under patent, trademark, copyright and other intellectual property laws. The Digsite Content may contain the trade secrets and other confidential and proprietary information of Digsite, its licensors and/or its clients. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, client, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
You are authorized to access and use the Services and the Digsite Content solely as set forth in this Agreement, provided that: (a) you will not copy, reproduce, republish, post, transit, sell, offer for sale, distribute, redistribute, or transfer any portion of the Services or Digsite Content on any media without Digsite’s prior written consent; (b) you will not modify, alter, adapt or otherwise modify any part of the Services or Digsite Content other than as may be reasonably necessary to use that part of the Services or Digsite Content for its intended purpose; and (c) you will otherwise comply in full with this Agreement. You must comply with all copyright and other proprietary notices and restrictions contained in or referring to any Digsite Content and any use thereof is limited to that which is expressly authorized by Digsite. Unless expressly stated otherwise, all Digsite Content is deemed to be confidential and you acknowledge and agree that you not disclose to or otherwise share with any Digsite Content with any other party. Your use of the Digsite Content is limited to your use of and participation in the Services as set forth in this Agreement.
Digsite takes no responsibility and assumes no liability for any content, material or other information provided by you or otherwise posted or uploaded by you or any third party (“User Generated Content”). By providing User Generated Content, you represent and warrant that you will not provide any User Generated Content that (1) is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component. You further represent and warrant that you own or have the necessary licenses, rights, consents to grant the rights set forth in this Agreement. You agree not to contact other users of the Services through unsolicited e-mail, telephone calls, mailings or any other method of communication.
Digsite collects personal and other information when you register on our site, when you request additional information or as result of your participation in our programs and sponsored projects. The collection of such information assists in the review of existing and the development of new products and services and other process enhancements. Some or all data collected during a program or sponsored project may be shared with the sponsor. You can decide not to participate in the program or sponsored project if you do not want your data to be shared. When you are on a Digsite site and are asked for personal information, you acknowledge and agree that we may share that information with Digsite, the program’s or project’s sponsor and any other third party with whom you elect to share such information with, unless it is specifically stated otherwise. If we share your information and/or allow it to be collected and/or maintained by any company other than Digsite, the use of your data and personal information will be governed by appropriate confidentiality and security agreements between Digsite and such third parties. Digsite may also use the information collected to provide you with the services you request, provide you with additional information about Digsite’s Services, partners, promotions, and events or improve Digsite’s websites and services.
You retain ownership of all of your intellectual property rights in your User Generated Content. Digsite does not claim ownership over any of your Content. These terms do not grant us any licenses or rights to your Content except for the limited rights needed for us to provide the Services, and as otherwise described in these terms. You agree that all User Generated Content provided by you will be provided in good faith and to the best of your ability with respect to such Services as you may engage in. You will not provide false or misleading information. You grant Digsite a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit your User Generated Content, but only for the limited purposes of providing the Services to you and as otherwise permitted by Digsite’s privacy policies. This license for such limited purposes continues even after you stop using our Services, though you may have the ability to delete your User Generated Content in relation to certain Services such that Digsite no longer has access to it. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Digsite with feedback about the Services, we may use your feedback without any obligation to you.
We do not regularly review posted User Generated Content, but we do reserve the right (but not the obligation) to monitor and edit or remove any User Generated Content submitted through the Services. You grant us the right to use the name that you submit in connection with any User Generated Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Generated Content. You are and shall remain solely responsible for the content of any User Generated Content you make. Neither we, nor our licensors or clients take any responsibility or assume no liability for any User Generated Content submitted by you or any third party.
You agree to defend, indemnify and hold us, our licensors and clients harmless from and against all third party claims, damages and expenses (including reasonable attorney’s fees) against or incurred by us, our licensors and our clients arising out of any User Generated Content you post or allow to be posted to the Site.
7. Restrictions on Content Use by Digsite
8. Acceptable Use
You are responsible for your conduct, Content, and communications with others while using the Services. You must comply with the following requirements when using the Services: (a) you may not misuse the Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide; (b) you may not circumvent or attempt to circumvent any limitations that Digsite imposes on your account (such as by opening up a new account to conduct a study where we have closed or suspended your account due to a violation of these terms); (c) unless authorized by Digsite in writing, you may not probe, scan, or test the vulnerability of any Digsite system or network; (d) unless permitted by applicable law, you may not deny others access to, or reverse engineer, the Services, or attempt to do so; (e) you may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services; (f) you may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Digsite will endeavor to notify you of any abusive or excessive usage to provide you with an opportunity to reduce such usage to a level acceptable to Digsite; (g) you may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity; (h) unless authorized by Digsite in writing, you may not resell or lease the Services; (i) if your use of the Services requires you to comply with industry-specific regulations applicable to such use, you will be solely responsible for such compliance, unless Digsite has agreed with you otherwise. You may not use the Services in a way that would subject Digsite to those industry-specific regulations without obtaining Digsite’s prior written agreement.
If you send or transmit any communications, comments, questions, suggestions, or related materials to us, whether through the Services or otherwise, suggesting or recommending changes to the Services, or any other products or services available via the Services, including, without limitation, new features or functionality relating thereto (collectively, “Feedback”), all such Feedback is, and will be treated as, non-confidential and non-proprietary. Feedback is voluntary. We may use Feedback for any purpose without obligation of any kind. To the extent a license is required under your intellectual property rights to make use of the Feedback, you grant Digsite an irrevocable, non-exclusive, perpetual, fully-paid-up, royalty-free license to use the Feedback in connection with Digsite’s business. You understand and agree that Digsite is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
10. Your Login
You represent and warrant that all your login and other registration information is true, accurate, not misleading and offered in good faith, and that you will maintain all such information up-to-date. You may never use another user’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Digsite as soon as possible of any breach of security or unauthorized use of your account. Digsite reserves the right to suspend or terminate any account at any time for any reason and is not liable for any damage or loss resulting from such suspension or termination.
We may suspend or terminate your account in the event you fail to provide or maintain complete and accurate information, or otherwise engage in unauthorized or inappropriate behavior, as determined in our sole discretion.
You agree to indemnify and hold Digsite and its respective affiliates, licensors, shareholders, directors, officers, members, managers, employees, agents, clients and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys’ fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (a) your access to or use of the Services, (b) any User Generated Content, (c) your violation of this Agreement, or (d) the infringement or other violation of any third party rights.
12. Disclaimer of Warranties and Limitations on Liability
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. DIGSITE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS. ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, OR ACCURACY OF INFORMATION CONTENT. DIGSITE DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. NO STATEMENTS, WHETHER ORAL OR WRITTEN, MADE BY A PARTY WILL CREATE ANY WARRANTY REGARDING THE SERVICES THAT IS NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
UNDER NO CIRCUMSTANCES SHALL DIGSITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES, COSTS OR ATTORNEY’S FEES ARISING OUT OF OR RELATING TO THE SERVICES OR ANY LINKED CONTENT, YOUR USE, ACCESS TO, OR THE OPERATION OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE . YOUR SOLE AND EXCLUSIVE REMEDY AND DIGSITE’S SOLE AND EXCLUSIVE LIABILITY TO YOU FOR ANY REASON SHALL BE FOR YOU TO DISCONTINUE YOUR ACCESS TO OR USE OF THE SERVICES. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, THE MAXIMUM LIABILITY OF DIGSITE TO YOU WITH RESPECT TO YOUR USE OF THE SERVICES SITE IS $100 (ONE HUNDRED DOLLARS). SOME JURISIDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THIS MAY NOT APPLY TO YOU.
13. Applicable Law and Disputes
This Agreement is governed by the laws of the State of Wisconsin, U.S.A. without regard to principles of conflicts of law. Any dispute relating in any way to this Agreement or the Services or to products you purchase via the Services shall be submitted to and settled exclusively by binding arbitration, in accordance with the provisions of this section, subject only to any applicable requirement of law that the parties engage in a preliminary non-binding mediation or arbitration regarding fee disputes, or to the extent you have in any manner violated or threatened to violate Digsite’s intellectual property rights, in which case Digsite is entitled to injunctive or other appropriate relief in order to protect its rights. Binding arbitration shall be conducted in accordance with the Judicial Arbitration and Mediation Service Streamlined Rules & Procedures (the “JAMS Rules”). Arbitration shall be held in Madison, Wisconsin, before an arbitrator selected pursuant to the JAMS Rules who will have no personal or pecuniary interest, either directly or indirectly, from any business or family relationship with either of the parties. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. All decisions of the arbitrator will be final, binding, and conclusive on the parties. Judgment on the arbitration award may be entered into any court of competent jurisdiction.
The parties will equally share the costs of the arbitrator and the arbitration fee (if any). Each party will bear that party’s own attorneys’ fees and costs, and the prevailing party will not be entitled to reimbursement by the other party of any of its fees or costs incurred in connection with the arbitration hereunder, regardless of any rule to the contrary in the applicable arbitration rules.
Digsite may send notice to you, which will be effective upon delivery to the last email or physical address you gave us or when posted on the Services. Any notice to us shall be sent by prepaid certified mail, return receipt requested to the following address, which such notice shall be effective upon receipt:
931 E. Main St. #23
Madison, WI 53703
By accessing or using the Services, you consent to receive electronic communications from us, whether via email, SMS or text messages or otherwise with respect to your account or in any way related to the Services or this Agreement and that such notices satisfy any legal communication requirements, including any requirement that communications be in writing.
Digsite may cancel your account and delete all Content associated with your account at any time without notice, if Digsite deems in its sole discretion that you have violated this Agreement, the law, or for any other reason. Digsite assumes no liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or a user account.
All provisions in this Agreement that by their nature should survive the termination of this Agreement (including, without limitation, indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after the termination of this Agreement.
17. Other Legal Provisions
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Digsite as a result of this Agreement or your use of the Services.
The failure of Digsite to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.
If any provision in this Agreement is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
Digsite’s failure to provide the Services or otherwise comply with this Agreement due to an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond our reasonable control shall not be deemed a breach of this Agreement.
If you have any questions or wish to contact us for any reason, please do via our Contact Us page.
All rights not expressly granted herein are hereby reserved.
EFFECTIVE DATE: April 27, 2016