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Thank you for visiting our web site. This privacy policy tells you how we use personal information collected at this site. This privacy policy ("Privacy Policy") will tell you what information we collect about you and about your use of our Web site (“Site”). It will explain how we protect that information and what choices you have about how it is used. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. We encourage you to read this Privacy Policy carefully so that you will understand clearly how DigiMarCon, LLC ("DigiMarCon") may collect and use information provided by you.
DigiMarCon will inform you of the following in this privacy policy:
I. INFORMATION COLLECTED BY SEARCH EXPERIENCES OR ON SEARCH EXPERIENCES BEHALF
A. In General
Personally identifiable information (Personal Information) is information that can be used to identify or contact you. We collect the Personal Information that you provide to us in two general and distinct ways: (1) when you choose to purchase various services or products offered by DigiMarCon and/or its affiliated business partners, or (2) when you choose to participate in surveys or send e-mails to DigiMarCon. This Site is not intended for use by persons under eighteen (18) years of age. DigiMarCon does not knowingly collect Personal Information from or about children under the age of eighteen (18).
B. Registration and Other Information
You may view or use our Site without registering or submitting any Personal Information. In that case, the only information we collect will be non-personal information collected through the use of cookies or web beacons (see details below). However, in order to have access to certain products and services available on the Site, you are required to complete a registration form and provide other information, including Personal Information, reasonably necessary for us to provide the products and/or services for you.
C. Cookies
We collect anonymous, non-confidential, and non-personal information when you use our site, send us e-mails, or respond to special promotions or newsletters that we may send to you from time to time. For example, cookies are small computer files that we transfer to your computer's hard drive that allow us to know how often someone visits a site and the activities they conduct while on that site (such as the chat rooms you visited, whether you submitted orders for services or products, etc.). Every computer is assigned a different cookie by DigiMarCon. The information collected by cookies helps us dynamically generate advertising and content on web pages or in e-mails specifically designed for you and also allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails. We may use cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. It may be possible to link non-personal cookie information to Personal Information collected. You may be able to turn off cookies in your browser, but this may hinder our ability to provide you with certain services or your ability to enjoy certain features of the Site.
D. Web Beacons
In limited circumstances we also may use "web beacons" to collect anonymous, non-personal information about your use of our Web site and the sites of selected affiliated partners, and your use of e-mails, special promotions or newsletters we may send to you from time to time. Web beacons are tiny graphic image files imbedded in a web page or e-mail that provide a presence on the web page or e-mail and send back to its home server information from the Users' browser. The information collected by web beacons allows us to statistically monitor how many people are using our site and selected affiliated business partners sites, or are opening our e-mails, and for what purposes. It may be possible to link non-personal web beacon information to Personal Information collected.
E. E-mails and Newsletters
As noted in the discussions of cookies and web beacons (see above), we collect anonymous, non-personal information about your use of e-mails and newsletters that we may send to you from time to time. In some cases, when you click on a link or an advertisement in an e-mail or newsletter, your browser may be momentarily directed to the site of a third party which, acting on DigiMarCon behalf (see Disclosure to Web site Service and Content Contractors, below), notes or "counts" your response to the e-mail or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you.
F. Information Collected by Third Parties Not Acting on DigiMarCon Behalf
Sponsors, business partners or advertisers on the Site or in e-mails, special promotions or newsletters we may send to you from time to time may also use their own cookies or web beacons when you click on their advertisement or link to their site or service, or even if the advertisement simply appears on a page or in an e-mail that you are viewing. Some advertisers use companies other than DigiMarCon to serve their ads and to monitor users' responses to ads, and these companies ("Ad Servers") may also collect non-personal information through the use of cookies or web beacons on our Web site. In certain situations, information collection may be facilitated by momentarily directing your browser to the site of an Ad Server or other third party acting on behalf of the sponsor, business partner, or advertiser before re-directing your browser to its proper destination (e.g., back to DigiMarCon to show the ad, or to the advertiser's Web site); this re-direction process will not be apparent to you. We do not control these third parties' use of cookies or web beacons, or how they manage the non-personal information they gather through them. However, you should review the privacy policy of other sites you visit or link to from our site to understand how these other sites use cookies and how they use the information they collect through the use of cookies or web beacons on their own sites.
G. Public Forums
This Privacy Policy does not apply when you use DigiMarCon public forums if and when they become available. As a service to our users, DigiMarCon may feature chat rooms and bulletin boards where users can share information and support one another or where users can post questions for other users to answer. You should be aware that any information shared in a chat room, bulletin board, or other type of posting is public information and may be seen, disclosed to or collected by third parties that do not adhere to our Privacy Policy. You should think carefully before disclosing any personal information in any public forum.
H. E-mails to DigiMarCon
This Privacy Policy does not apply to any information, such as business information, resumes, ideas, concepts or inventions sent to DigiMarCon by e-mail to the various DigiMarCon departments listed on the DigiMarCon Web site. If you want to keep business information, resumes, ideas, concepts or inventions private or proprietary, do not send them in an e-mail to DigiMarCon. We try to answer every e-mail in a timely manner, but are not always able to do so.
II. DISCLOSURE OF YOUR INFORMATION
A. Generally
Except as set forth in this Section II, or as specifically agreed to by you, DigiMarCon will employ best efforts to not use or disclose any Personal Information it gathers from you unless reasonably required in order to answer your questions, provide products and/or services you may request or purchase from DigiMarCon (such as, information we need to share with our credit card internet gateway), or to comply with governmental or internal record-keeping requirements as reasonably required. We may release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as a financial threat to you or others. In the event that we are legally compelled to disclose your Personal Information to a third party, we will notify you unless doing so would violate the law or court order.
B. Disclosure to DigiMarCon Subsidiaries/Affiliated Entities
DigiMarCon may disclose Personal Information to its corporate subsidiaries or entities affiliated with DigiMarCon. Any Personal Information provided to DigiMarCon subsidiaries or entities affiliated with DigiMarCon will be treated by those subsidiaries and affiliated entities in accordance with the terms of this Privacy Policy.
C. Disclosure to DigiMarCon Operations and Maintenance Contractors
DigiMarCon operations and maintenance contractors may sometimes have limited access to your Personal Information in the course of providing products or services to DigiMarCon. These contractors include vendors and suppliers that provide us with technology, services, and/or content related to operation and maintenance of our Web site. These contractors also may have access to your e-mail address to send newsletters or special promotions to you on our behalf or to send e-mails to you for purposes such as conducting market research on our behalf. Access to your Personal Information by these contractors is limited to the information reasonably necessary in order for the contractor to perform its limited function for DigiMarCon.
D. Disclosure to Web site Service and Content Contractors
Certain content and products and services offered to you through our Web site are served on Web sites hosted and operated by a company other than DigiMarCon ("Third Party Contractor Web sites"). Therefore, if you purchase services or products through one of these Third Party Contractor Web sites, you will be purchasing it from the Third Party Contractor and not from DigiMarCon. Further, you should be aware that any information you disclose once you access these other sites is not subject to this Privacy Policy. DigiMarCon does not endorse and is not responsible for the privacy practices of these Third Party Contractor Web sites and, therefore, you should review the privacy policy posted on the other site to understand how that Third Party Contractor Web site collects and uses your Personal Information. Also, if you have reason to believe that you may be leaving our Web site and entering a Third Party Contractor Web site, you should be cautious about providing any Personal Information until you have reviewed the privacy policy posted on the other site.
E. Disclosure to or by Co-branded Channel Partners
DigiMarCon is a contractor and provides co-branded products and/or services to Web sites hosted and operated by companies other than DigiMarCon ("Channel Partner Web sites"). You can only access these co-branded content and products and/or services through the Channel Partner Web site. The co-branded DigiMarCon pages that you may access through a Channel Partner Web site have different registration processes and opportunities for information collection, and Personal Information that you provide on these pages may be shared with the Channel Partners. Each of these co-branded DigiMarCon sites has its own privacy policy posted on that site. Therefore, if you visit one of these co-branded DigiMarCon sites, please read the privacy policy that is posted on that site, as well as the individual privacy policy of the Channel Partner Web site.
F. Disclosure to Linked Sites
In addition to the Third Party Contractor Web sites that you may access as described above, for your convenience there are links to Web sites operated by companies other than DigiMarCon that are not contractors who provide content, products, and/or services through our Web site ("Third Party Web sites"). These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors or affiliated business partners of DigiMarCon. DigiMarCon does not disclose your Personal Information to these Third Party Web sites without obtaining your consent. DigiMarCon does not endorse and is not responsible for the privacy practices or content of these sites. If you choose to link to one of these Third Party Web sites, you should review the privacy policy posted on this other site to understand how that Third Party Web site collects and uses your Personal Information.
G. Disclosure of Aggregate Information
DigiMarCon may provide to third parties non-personal information about you that does not allow you to be identified or contacted and that is combined with the non-personal information of other users ("Aggregate Information"). For example, we might inform third parties regarding the number of users of our site and the activities they conduct while on our site. We might also inform a company that performs services or that provides products and/or services to DigiMarCon (that may or may not be a DigiMarCon business partner or an advertiser on our site) that "50% of our users live in the USA" or that "85% of our users have purchased products and/or services which can be downloaded from DigiMarCon Web site." Depending on the circumstances, we may or may not charge third parties for this Aggregate Information. We may not limit the third parties' use of the Aggregate Information.
III. HOW DigiMarCon HANDLES PRIVACY AND SECURITY INTERNALLY
DigiMarCon wants your Personal Information to remain as secure and accurate as possible. We implement appropriate measures and processes to protect your Personal Information and maintain its quality, such as encryption. Although we make reasonable efforts to protect your Personal Information from loss, misuse, or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that thieves could find a way to thwart our security systems.
IV. YOUR PRIVACY CHOICES
You will be given the option to opt in or sign up for recurring informational/promotional e-mails from DigiMarCon and/or third parties. You may opt out of receiving e-mails from or on behalf of DigiMarCon. You may opt out of receiving these e-mails and newsletters at any time. When you have received a newsletter you wish to stop, click on the "reply" button in your mail program, then type in the word "UNSUBSCRIBE" in the "Subject" field and send. DigiMarCon Customer Service will unsubscribe you.
You may also have the option of receiving e-mails or newsletters from third parties, participating in research or marketing surveys and participating in other activities. You may exercise these options by placing a check mark beside a statement that expresses a preference for receiving these communications or participating in these activities. You may change your decision at any time by following the directions regarding how to unsubscribe from these e-mails or newsletters.
This privacy statement applies only to the Site. The DigiMarCon Web site does contain links to other sites. Once you enter another Web site (whether through an advertisement, service, or content link), be aware that DigiMarCon has no control over and is not responsible for the privacy practices of such other sites. We encourage you to look for and review the privacy statements of each and every Web site that you visit through a link or advertisement on DigiMarCon Web site or any site that collects Personal Information from you.
V. UPDATING YOUR PERSONAL INFORMATION AND CONTACTING DigiMarCon
You can always contact us in order to (1) delete your Personal Information from our systems, (2) update the Personal Information that you have provided to us, and (3) change your preferences with respect to marketing contacts or other activities, by e-mailing us at [email protected]. Such changes will not have any effect on other information that DigiMarCon maintains. If you have a complaint or problem you may e-mail us at [email protected] and the customer service department will forward your complaint to the appropriate internal DigiMarCon department for a response or resolution. We try to answer every e-mail in a timely manner but are not always able to do so.
You should be aware that it may not be technologically possible to remove each and every record of the information you have provided to DigiMarCon from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that may be difficult or impossible for us to locate. Nevertheless, upon receiving your request, we will endeavor to delete all Personal Information stored in the databases we actively use for research and daily business activities, as well as other readily searchable media.
In the future and without notice to you, we may make significant or non-significant changes to our privacy policy affecting the use of the Personal Information you provide to us or other information we have gathered. You should visit our Web site from time to time and read our Privacy Policy then in effect to familiarize yourself with the current version.
Acceptance of Terms of Use of This Website. DigiMarCon, LLC ("Company") makes this website (the "Site"), including all information, documents, text, and graphics on the Site (collectively, the "Site Materials") as well as all software, products, and services offered and/or operated by Company and/or third parties through the Site (collectively, the "Products and Services"), available for your use subject to the terms and conditions set forth in this document, as may be revised from time to time by Company (collectively, the "Terms of Use"). BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, EVALUATING, DOWNLOADING, PURCHASING, AND/OR USING ANY OF THE SITE MATERIALS OR PRODUCTS AND SERVICES DISPLAYED AND/OR OFFERED ON THIS SITE, OR BY MERELY BROWSING THIS SITE, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS OF USE AND COMPANY'S PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE.
This Site is intended for lawful use by persons over eighteen (18) years of age. Company reserves the right to change the Terms of Use and other Company guidelines and policies (including, but not limited to, the Privacy Policy and the Registration Terms and Conditions) posted on the Site from time to time at its sole discretion, with or without notice, and the revised Terms of Use and other revised guidelines and policies shall be posted on the Site. Your continued use of the Site, or any Products and Services accessible through it, constitutes your acceptance of the revised Terms of Use, and your use of the Site will be subject to the most current version of the Terms of Use, policies, and guidelines posted on the Site at the time of such use. Therefore, you should periodically check the Terms of Use and policies on Company's home page to view the then current versions. If you breach any of the Terms of Use, your authorization to use this Site and any authorized use of Site Materials shall automatically terminate, any Site Materials downloaded or printed from the Site, whether authorized or unauthorized, must be immediately destroyed and, in certain cases, you may also be required to immediately stop using Company's Products and/or Services.
Certain Products and Services available on or through this Site are available only to persons who have purchased or subscribed to them under a paid or trial subscription agreement with Company or one of its affiliates (the "Subscribers") or persons invited by Company or one of its affiliates to evaluate such Products and/or Services, or who have requested the right to perform such an evaluation.
Intellectual Property; Limited License to Users. This Site, the Site Materials, and the Products and Services are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Site, Site Materials, and/or Products and Services may violate such laws in addition to the Terms of Use. Except as expressly provided herein, Company and its licensors and suppliers do not grant any express or implied license to the Site, Site Materials, Products or Services. You agree not to copy, republish, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on, the Site, the Site Materials, or its Products and Services, except if expressly authorized herein.
Use of Services. When purchasing or using Products and/or Services on this Site that are offered by Company, you shall be subject to any agreements or licenses applicable to such Products and/or Services (“Specific Agreement”) and to the Terms of Use. Specific Agreements may contain terms and conditions in addition to those in the Terms of Use but all terms and conditions of the Specific Agreements and the Terms of Use shall apply. In the event of a conflict between the Terms of Use and any Specific Agreement, the Specific Agreement shall control with respect to your rights to the Product or Service.
In addition to the Products and Services offered by Company, this Site also advertises, offers, or makes available information, products and/or services provided by third parties (collectively, the "Third Party Materials"). Third Party products and/or services are governed by separate agreements or licenses with the Third Parties. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Materials, including any liability resulting from incompatibility between Third Party products and/or services and the products and/or services provided by Company. You agree that you will not hold Company responsible or liable with respect to the Third Party Materials or seek to do so.
Use of Software, Products, and Services. The software, Products and Services, and accompanying documentation that is made available through this Site, whether made available by downloading or otherwise, is the copyrighted and/or patented work of Company and/or its licensors and/or suppliers. Use of the software, Products and Services, and accompanying documentation is governed by the terms of the agreement or license that accompanies or is included with such software or Products and Services. You will not be able to download or install any software or Product that is accompanied by or includes a license agreement, and you will not be able to use any Service, unless you agree to the terms of the applicable license agreement. If you do not agree to such terms, you will not be able to use the software, Products or Services. Absent a license agreement that accompanies the software or Products and Services, use of the software or Products and Services will be governed by the Terms of Use. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of the software and Products and Services available on this Site, and that you will not decompile or reverse engineer any of the Products and Services.
Use of Site Materials. Except as may be indicated to the contrary elsewhere on this Site, you may view, download, and print the Site Materials available on this Site subject to the following conditions:
Important Exceptions: Various sections of the Site (such as, by way of example only, demonstrations which show the use and/or utilization of Company Products and/or Services in the movie production industry, or showcase the work of creative professionals) belong to their creators (the "Third Party Content"), may be protected by copyright or other proprietary laws, and are for display and demonstration purposes only. Accordingly, you may not download, use, copy or print Third Party Content unless there is a notice associated with the Third Party Content work expressly permitting downloading, use, copy and/or printing. The rights specified above i.e., the right to view, download, and print the Site Materials and Third Party Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by copyright and other laws and may not be copied, reproduced or imitated in whole or in part.
Trademark Information. The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Company or third parties. You are not permitted to use the Marks without the prior written consent of the owner of the Mark. DigiMarCon is a trademark of Company.
Submission of Information. Information submitted through this Site may be accessed and used by a Company service provider. Although Company and Company's service provider (Paypal, Inc) each take certain steps in an effort to protect the electronic transmission of credit card numbers or social security numbers ("Financial Information") that you submit through the Site, Company does not guarantee the security of any information transmitted to or from the Site. You understand and agree to assume the security risk for any information you provide using the Site.
Other than the Financial Information, do not send any confidential or proprietary information through the Site. Except for the Financial Information or personally identifiable information relative to you, any information you do send through the Site will be deemed NOT to be confidential ("Non-Confidential Information"). For any Non-Confidential Information you do send, post or submit, you hereby grant Company and its affiliates, successors, and assigns an unrestricted, royalty-free, irrevocable, worldwide license to use, reproduce, display, perform, modify, transmit and distribute the Non-Confidential Information, and agree that Company is free to use any ideas, concepts, know-how or techniques that you send Company for any purpose and in any manner whatsoever without compensation to you or any other person sending the Non-Confidential Information. You represent and warrant that you own or otherwise control all of the rights to the Non-Confidential Information and that public posting and use of your content by Company or its affiliates, successors or assigns, will not infringe or violate the rights of any third party. If you submit personally identifiable information via the Site, Company will treat it in accordance with the Privacy Policy found on the home page of this Site and our service provider will treat it in accordance with its Privacy Policy, which can be found here: https://cms.paypal.com/us/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&am/
You are prohibited from posting or transmitting to or from the Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.
User Conduct. In using the Site, including all Products and Services available through it, you agree:
Managing Content and Communications. Although it is not our intention to do so, Company reserves the right, in its sole discretion, to delete or remove your content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time if we have cause to do so (including, without limitation, our good faith belief that you have violated the Terms of Use) without prior notice or liability. In addition, Company reserves the right to delete or remove your content if the applicable subscription or license has expired or lapsed or if Company has a good faith belief that you have violated these Terms of Use or any law or regulation, or that such deletion or removal is necessary to comply with the law or to protect the rights of Company or others. Company may, but is not obligated to, monitor or review (i) any areas on the Site where users transmit content, and (ii) the substance of any content. To the maximum extent permitted by law, Company will have no liability related to your content arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Company also disclaims all liability with respect to the misuse, loss, modification, destruction, or unavailability of any of your content.
Use and Protection of Account Number and Password. You are responsible for maintaining the confidentiality of your account number, account name, and/or password, where and when applicable to the Site. You are responsible for damages resulting from all uses of your account number, account name, and/or password, whether actually or expressly authorized by you, unless access to your account number, account name, and/or password was obtained through no fault or negligence of your own.
WARRANTIES AND DISCLAIMERS. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND COMPANY, THIS SITE, AND ALL SITE MATERIALS, PRODUCTS, AND SERVICES ACCESSIBLE THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING,COMPANY MAKES NO WARRANTY THAT (i) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ALWAYS AVAILABLE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE MATERIALS, PRODUCTS, AND SERVICES WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES PURCHASED OR ACCESSIBLE BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE PRODUCTS AND SERVICES OBTAINED FROM OR USED THROUGH THE SITE, OR ANY DEFECTS IN THE SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, WILL BE CORRECTED.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS.COMPANY MAY MAKE CHANGES TO THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS AND SERVICES LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE SITE MATERIALS, PRODUCTS, AND/OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND COMPANY MAKES NO COMMITMENT TO UPDATE SUCH SITE MATERIALS, PRODUCTS, AND/OR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT (i) COMPANY DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, THOSE PROVIDED BY THIRD PARTY VENDORS OR THOSE ACCESSIBLE THROUGH LINKS ON THE SITE; (ii) COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR CONTENT, PRODUCTS, OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) COMPANY SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY CONTENT, PRODUCTS, OR SERVICES OFFERED AND/OR PERFORMED BY THIRD PARTIES.
THE USE, INSTALLATION, AND/OR DOWNLOADING OF ANY SITE MATERIALS, PRODUCTS, AND SERVICES THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. COMPANY ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS INSTALLED, TRANSMITTED, OR DOWNLOADED TO YOUR COMPUTER OR COMMUNICATIONS SYSTEMS OR SERVICES FROM THE SITE OR IN CONNECTION WITH ANY SITE MATERIALS, PRODUCTS, AND SERVICES APPEARING ON AND/OR OFFERED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROMCOMPANY OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.
LIMITATION OF LIABILITY. IN NO EVENT INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL COMPANY, ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, ATTORNEYS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE, THE SITE MATERIALS, PRODUCTS, AND SERVICES, THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE, ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT, ANY SERVICES AVAILABLE THROUGH THE SITE THAT ARE DELAYED OR INTERRUPTED, OR ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
International Users. This Site can be accessed from countries around the world and may contain references to Company Products and Services that are not available in your country. These references do not imply that Company intends to announce or provide such Products or Services in your country. The Site is controlled, operated, and administered by Company from its offices within the United States of America. Company makes no representation that the Site, or the Site Materials, Products, and Services appearing on or available through the Site, are appropriate, legal, or available for use at other locations outside the United States, and access to the Site from territories where the Site or any of the Site Materials, Products, and/or Services are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.
Indemnity and Liability. You agree to indemnify and hold Company, and its subsidiaries, affiliates, officers, directors, shareholders, attorneys, agents, employees, licensors, suppliers, co-branders or other partners harmless from any claim or demand, including reasonable attorneys' fees and damages of any kind, made by any third party due to or arising out of content you submit to Company and/or transmit through the Site (including, without limitation, any content or computer viruses), your use of the Site or any Site Materials, your connection to the Site, your violation of the Terms of Use, the actions of any of your employees or agents in conjunction with the Site, or your violation of any rights of another person or entity or any and all laws and regulations applicable to these Terms of Use, and/or your use of Company's Products and/or Services.
Governing Law and Jurisdiction. This Site (excluding linked sites) is controlled by Company from its offices within the State of Delaware, United States of America. By accessing this Site, you and Company agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Delaware, without regard to the conflicts of laws principles thereof. You and Company also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, Delaware, USA.
General. The Terms of Use and the other guidelines, policies, licenses, and disclaimers posted on the Site constitute the entire agreement between Company and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Company to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.
