These Terms and Conditions of Use ("Terms") constitute a legally binding agreement between you ("you" or "User") and Digimedia.com, LP ("Digimedia," "we," "us," or "our") governing your access to and use of any website, application, platform, software, content, product, or service operated by Digimedia (collectively, the "Service").
By accessing or using the Service, you affirmatively acknowledge that you have read, understood, and agree to be bound by these Terms and all policies incorporated by reference. If you do not agree, you must not access or use the Service. Digimedia reserves the right to modify these terms at any time. Posting updated terms constitutes notice. Continued use after posting constitutes acceptance.
You must be at least thirteen (13) years old to use the Service. If you are under eighteen (18), you represent that you have parental or guardian consent. Digimedia does not knowingly collect personal information from children under 13.
Digimedia may provide users with access to content, information, tools, software, resources, merchandise, advertisements, products, services, and future features through the Service. You understand and agree that the Service is provided AS-IS and AS AVAILALBLE, and that Digimedia assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or (if applicable) personalization settings. Digimedia has no obligation to maintain, support, upgrade, or continue any portion of the Service.
Should this Digimedia site allow for user accounts, you are responsible for maintaining confidentiality of any login credentials. You are responsible for all activity occurring under your account. Digimedia may suspend or terminate accounts at any time.
You acknowledge and agree not to:
Digimedia may investigate and take legal action for any violation(s).
"User Content" means any content submitted by you, including but not limited to any and all communication(s), content(s), comment(s), material(s), email(s), image(s), post(s), and/or letter(s) through any medium.
You grant Digimedia a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, distribute, publish, display, perform, and create derivative works from User Content.
You represent that: You own or control all rights to the User Content, and that the User Content does not violate law or third-party rights.
Digimedia has no obligation to monitor User Content.
Digimedia may provide, or third parties may provide, content, links, materials, products, resources, and/or services through the Service. Digimedia does not control third-party content, links, materials, products, resources, and/or services. Digimedia is not responsible for third-party content, links, materials, products, resources, and/or services. Dealings with third parties are solely between you and them.
All Service materials on this site, including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service are protected by law, copyrights and other intellectual property rights owned and controlled by Digimedia and/or third parties. Except as specifically provided herein, no Service materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of Digimedia or the respective owners. You may not add, delete, distort, or otherwise modify the content on this site. Any unauthorized attempt to modify any Service materials, to defeat security features, or to utilize this site for other than its intended purposes is strictly prohibited. This website's logos and product and service names are trademarks of Digimedia. Any and all other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. It is understood that Digimedia provides information and that references to other names and trademarks are necessary in the course of providing information, news, and/or commentary about the subjects that this site covers. Digimedia will enforce its intellectual property rights to the fullest extent of the law. No license is granted except as expressly stated.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WITH REGARD TO THE SERVICE, INCLUDING BUT NOT LIMITED TO CONTENT, MERCHANDISE, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE, IN NO EVENT SHALL DIGIMEDIA OR ITS OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, AFFILIATES, DISTRIBUTORS OR THIRD PARTIES PROVIDING INFORMATION ON THIS SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGIMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). THIS PARAGRAPH SHALL ALSO APPLY TO (i) THE USE OR THE INABILITY TO USE THE 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON AND/OR THROUGH THE SERVICE; (v) ANY DAMAGES OF ANY KIND ARISING FROM PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SERVICE, OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. DIGIMEDIA'S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: $100 (USD), OR AMOUNTS YOU PAID TO DIGIMEDIA IN THE PROCEDING 12 MONTHS.
You agree to indemnify, defend and hold harmless Digimedia and its affiliates, officers, owners, employees, agents, and partners from any claims and expenses, including reasonable attorneys' fees, arising from or related to:
Digimedia complies with the Digital Millennium Copyright Act. Copyright notices must include: Signature, description of copyrighted work, URL of infringing material, contact information, good-faith statement, accuracy statement under penalty of perjury. Send notices to: support@digimedia.com
You consent to receive communications electronically. Electronic records satisfy legal notice requirements.
Should this Digimedia site allow for payments, all sales are final unless stated otherwise. Digimedia may change pricing at any time. You authorize Digimedia to charge payment methods on file.
Your use is subject to Digimedia's Privacy Policy, incorporated by reference, and can be read here.
Digimedia may suspend or terminate access at any time, with or without notice. Sections that by nature should survive shall survive termination.
Digimedia is not liable for delays or failures caused by events beyond its reasonable control.
Digimedia may assign this Agreement without restriction. You may not assign this Agreement without express written consent from Digimedia.
The Terms are governed by the laws of the State of Oklahoma. Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association in Oklahoma County, Oklahoma.
YOU MAY BRING CLAIMS ONLY IN YOUR INDIVIDUAL CAPACITY. NO CLASS, COLLECTIVE, OR REPRESENTATIVE ACTIONS.
The failure of Digimedia to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
This Agreement and any other terms and conditions of service on any Digimedia property constitute the entire agreement between you and Digimedia govern your use of the Service.
We are glad you are here and hope you enjoy your experience at this Digimedia website. If you have any questions or comments, do not hesitate to shoot us an email to support@digimedia.com.