1. Your Acceptance
Welcome to the Terms of Service for DIGIRARE.com. This is an agreement (“Agreement”) between Family Media, LLC, (“DIGIRARE.com”), the owner and operator of http://DIGIRARE.com (the “Site” and any “Services”) and you (“you” or “your” or “user(s)”), a user of the Site and Service. This Agreement is legally binding and governs your use of our Site and Service.
Throughout this Agreement, the words “DIGIRARE.com,” “us,” “we,” and “our,” refer to our company, Family Media, LLC and our Site, http://DIGIRARE.com or our Service, DIGIRARE.com, as is appropriate in the context of the use of the words.
Our Site and Service are provided “as-is”. We may at our discretion and without notice to you change, modify, interrupt or terminate our Site and Service. You agree that our Service may not always be error free, continuous or undisrupted. Although we may provide Services to you, we do not guarantee that such Services will be effective, allow you to earn money, or provide you with any financial benefits. We do not make any representation, warranty or guaranty regarding the use of, the efficacy of, or the results of the use of any content found or purchased on our Site or Service, including but not limited to its correctness, completeness, accuracy or reliability.
You should be aware that any content found on our Site is for educational and informational purposes. We are not licensed to give you any legal, tax or accounting advice. Any decisions to use or not use our Service should be made entirely by you.
3. DIGIRARE.com Description of Service
DIGIRARE.com is an aggregator and data provider of Counterparty network usage information.
4. User Accounts
You may visit our Site without registering. However, you’ll need to sign up for an account to use some of our Services. When creating an account we will collect your name, email, and password. We may also collect additional information if necessary.
5. Your Responsibilities
You are responsible for your use of DIGIRARE.com, and for any use of DIGIRARE.com made using your account.
- 1. You agree not to impersonate any person or entity or misrepresent your affiliation with a person or entity;
- 2. You agree to act in a respectful and courteous manner at all times while using our Site and Service;
- 3. You agree that you are solely responsible for any encounters with third parties listed on our Site and Service;
- 4. You agree that any interactions with third parties after using our Site and Service are your responsibility only;
- 5. You agree not to speak hatefully, stalk or otherwise harass other users;
- 6. You agree not to misappropriate any of our intellectual property;
- 7. You agree not to violate any requirements, procedures, policies or regulations of networks connected to DIGIRARE.com;
- 8. You agree not to collect or store personal information about other end users;
- 9. You agree not to interfere with or disrupt DIGIRARE.com;
- 10. You agree not to hack, spam or phish us or other users;
- 11. You agree to provide truthful and accurate content;
- 12. You agree to not violate any law or regulation and you are solely responsible for such violations;
- 13. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services;
- 14. You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling, or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine;
We may suspend or revoke your access if you fail to abide by these rules or at our discretion.
6. Our Copyright
You agree not to copy, distribute, display, disseminate, or otherwise reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found on DIGIRARE.com including our layout and arrangements. Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data or designs, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
7. Your Copyright
Any content submitted by you will be owned by you. However, you agree to grant DIGIRARE.com and its affiliates, representatives and assigns a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or part of your content and anything we may make with your content through DIGIRARE.com or any other medium currently invented or invented in the future. We reserve the right to display advertisements and to use your content to advertise and promote DIGIRARE.com. The foregoing license granted by you terminates once you remove your content from our Site.
8. Termination and Cancellation
We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, any Services, or your DIGIRARE.com account, you are solely responsible for properly notifying us. Please contact us for any issues. Cancellation may result in the immediate deletion of your account or suspension of Services to you. If you decide to terminate your account, although your information will be inaccessible, we may keep copies for a commercially reasonable time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are solely responsible for any applicable state, federal or provincial taxes. Although you may not be charged taxes by us you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
10. Limitations on Liability
WE ARE NOT LIABLE FOR ANY POTENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE AND SERVICE. IN NO EVENT SHALL DIGIRARE.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY INCLUDING, BODILY HARM OR EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR PRODUCTS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR JURISDICTION DOES NOT PERMIT SUCH A LIMITATION ON LIABILITY, OUR LIABILITY IS LIMITED TO THE LOWEST APPLICABLE AMOUNT NOT TO EXCEED $100 US DOLLARS.
11. Representations and Warranties
OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES. YOU UNDERSTAND OUR SERVICE MAY NOT BE APPROPRIATE FOR ANY USES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, FAILURE OF OUR PRODUCTS, NEGLIGENCE, OR ANY OTHER TORT.
WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
You agree to defend, indemnify and hold harmless DIGIRARE.com, its parent corporation, officers, directors, employees, creditors, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- 1. your use of and access to the DIGIRARE.com Service;
- 2. your violation of any term of these Terms of Service;
- 3. any claim that your actions caused injury or harm to a third party.
You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
13. Third Party Links
We may link to third party websites from our own website. We have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site.
14. COPPA Compliance
DIGIRARE.com and its Services may only be used by persons 18 years of age or older. We do not collect any personally identifiable information for users under 18 years of age. If you are under the age of 18 please stop using our Site and Service immediately.
15. Choice of Law
This Agreement shall be governed by the laws in force in Arizona. The offer and acceptance of this contract is deemed to have occurred in Arizona.
16. Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Maricopa County, AZ. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
17. Force Majeure
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement are deemed to conflict with each other’s operation, DIGIRARE.com shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
21. Electronic Communications
The communications between you and DIGIRARE.com use electronic means, whether you visit Site, or Service or send DIGIRARE.com e-mails, or whether DIGIRARE.com posts notices on the Site or Service. For contractual purposes, you (1) consent to receive communications from DIGIRARE.com in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that DIGIRARE.com provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified and may contact you. You may refuse to agree to the amendments, but if you do, you must immediately notify us.
23. California Users and Residents
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about DIGIRARE.com must be addressed to our agent for notice and sent via certified mail to: Agent of DIGIRARE.com, 204-17 Hillside Ave Suite 311, Hollis, NY 11432.
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.