Terms and Conditions

Terms and Conditions

Digital Widget Factory Sites’ User Agreement, Privacy Policy and Terms and Conditions

The following User Agreement, Privacy Policy and Terms & Conditions (collectively, the “Agreement”) governs the use of all Digital Widget Factory (“DWF”, “We”, “Our” or  the “Company”) sites, services, features, platforms, applications and affiliated publications including but without limitation to, participation in its chats, boards, forums and any/all other areas as provided by DWF, (collectively the “Website”,  “Site”, “Service” or “Services”).

Where the Company has provided you with a translation of the English language version of this Agreement, you agree that the translation is provided for your convenience only and that the English language version of this Agreement will govern your relationship with the Company.  If there is any contradiction between the English language version of this Agreement and a translation, the English language version shall take precedence.

Your use and or registration with DWF in any respect, including but not limited to visiting, browsing, viewing or interacting with the Site constitutes your full agreement with this User Agreement, Privacy Policy and Terms & Conditions and all other operating rules, policies and procedures and any modifications, from time to time, that may be made to this Agreement in the future.  Please check back often to familiarize yourself with any changes that may be made.  Failure to adhere to the terms of this Agreement will constitute your ejection and termination of use from all areas of the Website.

ELIGIBILITY

You must be 13 years of age or older to visit and/or use any portion of this Website in any manner. By visiting or accessing any part of the Site you are accepting this User Agreement, Privacy Policy and Terms & Conditions. You represent and warrant that you are 13 years of age or older, and that you have the right, authority and capacity to agree to and abide by this Agreement. You also represent and warrant that you will use this Website in a manner consistent with any and all applicable laws and regulations.

You agree to use the Services only for purposes that are permitted by this Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Panama or other relevant countries).

You agree not to access (or attempt to access) the Website or any of the Services by any means other than through the interface that is provided by DWF, unless you have been specifically allowed to do so in a separate agreement with DWF.  You specifically agree not to access (or attempt to access) the Website or any of the Services through any automated means (including use of scripts, web crawlers, spiders or bots) and shall ensure that you will comply with this Agreement in full.

You agree that you will not engage in any activity that interferes with or disrupts the Website or the servers and networks which are connected to the Website.

Unless you have been specifically permitted to do so in a separate agreement with DWF, you agree that you will not reproduce, duplicate, copy, sell or resell the Services for any purposes.

You agree that you are solely responsible for (and that DWF has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which you, DWF or any third party may suffer) from any such breach.

PRIVACY AND SHARING YOUR PERSONAL DATA

The site may receive information about you from various sources, including: (i) your use of the Services generally; and (ii) from third party websites and services. When you use the Services, you are consenting to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in this Agreement. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

DWF may also retain the content of your communications, posts, chats, conversation and any other form of information exchange (“user content”) however the Company will not rent, trade, barter, sell, make available, transfer, provide or disclose your personal information and user content to any third party organizations without your permission except in certain limited circumstances:

  1. We may be obliged under certain laws or by court orders from competent authorities to transfer your personal data, communications and/or traffic data without your permission or prior knowledge.  The Company may receive requests from state, provincial or federal law enforcement organizations or a court or another authority or regulatory agency with appropriate jurisdiction to retain or provide personal data, and/or traffic data and/or communications content.  We will provide this data and any assistance needed in order to fulfill the request.
  2. In order to efficiently provide the Service(s) that you have or may request from the Company or to assist the Company with policing and preventing fraud, it may be necessary to share your personal and traffic data with vendors or other service providers, partners, carriers or distributors.  The Company requires that all third party organizations take appropriate measures and observe all relevant legislation in the jurisdiction/area they operate in to protect your personal and traffic data.
  3. DWF reserves the right to share aggregated and anonymous information with third parties for marketing, research or for any other purpose.

The Company may access or disclose information about you, including the content of your communications in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of the Company or Our customers and users, including the enforcement of Our Agreements governing your use of Service; or (c) when We believe such access or disclosure is necessary to protect the personal safety of the Company, its employees, customers or the public.

VOLUNTARY DISCLOSURES

DWF cannot and will not ensure or provide privacy or security for any information you voluntarily provide through your use of chats, boards, forums and any/all other areas as provided by DWF.  Additionally, We cannot and will not ensure or provide privacy or security for any information you voluntarily provide in any emails you choose to send to any contacts you have made or may make through any part of the DWF Website.  We strongly encourage Our users to exercise caution in providing any personal or identifying information to anyone through or outside of Our Service or websites.

DWF may use third-party companies to provide various types of optional services.  Services may include but are not limited to advertisements, which may be targeted to the content of information stored on the Website, queries made through the Website or other information.  If you choose to use any of those services or you choose to visit other organizations through websites accessed through advertisements on the DWF Website, the IP address of the computer you are using to access the website may be disclosed to those third-party companies and We may use information that you provide in any public profile you use on DWF to display ads or services that may be relevant to you.  These outside websites and companies will have a different policy with regards to your information and are not under the control of the Company.  Any personal information gathered by these companies is subject to their privacy policies, user agreements and terms and conditions and DWF is not responsible for such personal data.

The manner, mode and extent of advertising are subject to change without specific notice to you.

In consideration for DWF granting you access to and use of the Website, you agree that DWF may place such advertising on the Website.

USE OF COOKIES

Like many other Sites, DWF may use cookies which are small data files that may be stored on the user’s computing hard drive.  A cookie may contain identifying information that may assist web applications in identifying you and/or your computer and/or your preferences but they will not obtain your name, address or other personal information.  Most of the browsers available today will have the option to disable cookies altogether, or notify you if you receive a new cookie or prevent your system from accepting new cookies.  Please be cognizant of the fact that if you choose to disable cookies, some portions of the Website may not function properly or not function at all.

Third party advertising partners may use cookies to generate information, such as the number of times you visit a particular website.  Cookies in this case are used to serve advertisements and/or promotions to you and track those advertisements and/or promotions.  If you want more information regarding the collection and use of cookies by third party advertisers, please visit http://www.networkadvertising.org/managing/opt_out.asp

Links to other websites

Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

LANGUAGE TRANSLATIONS

You acknowledge and agree that the Services are internet-based communications and language translation platforms that facilitate communication between parties that, through normal channels, are unable to communicate due to language or technical barriers, and are intended to generate quick, informal translations of text, which translations will not necessarily be accurate in terms of grammar or content but will be sufficient for basic communications and are for entertainment purposes only.

USER PROVIDED CONTENT

DWF does not assume any responsibility for User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate. You release the Company, from any and all liability in connection with the content that may appear anywhere on the Website or any other pages or communications connected with the Company in any way.  We do not guarantee or assume any responsibility for verifying the accuracy or truthfulness of any information provided.

The Website and Services may include hyperlinks/links to other websites, content or resources.  DWF has no control over any outside websites, content or resources that you may encounter through the purposeful or inadvertent use of these links.  You acknowledge and agree that DWF is not responsible for the availability, functionality or content of any such external websites or resources, and does not endorse any use of such websites or services, advertising, products or other materials on or available from such websites, content or resources.  You acknowledge and agree that DWF is not liable for any loss or damage which may be incurred by you as a result of the availability of those external websites, content or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites, content or resources or as a result of a use of services, download of software or the purchasing of goods by you which are provided by another person or company.

The Company will strive to ensure the content posted does not contain information which would be considered inappropriate or offensive to users however, We may not review every item posted by Our users and as such, we are not responsible for any inappropriate content these posts or messages may contain.  For some of the Services, the Company may provide tools to filter out explicit sexual content however We make no guarantees or warranties that no such content will appear on the Website.  Users that object to such material may choose to use commercially available services and/or software to limit access to material that you may find objectionable.

You understand that by using the Services you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, your use of the Website is at your own risk.

DISCLAIMER AGAINST MEDICAL INFORMATION

The Website is not intended to be a forum for the exchange of medical advice, medical information or for the promotion of treatments, remedies or self-destructive behavior such as, but not limited to, eating disorders, suicidal feelings or actions.  We encourage discussion on Our boards and forums on any subject and you may freely discuss any troubles you have, however you should not look to any information posted on the Website for accurate information or advice on these or any other medical or psychological topics.  We recommend that you speak in person with a qualified health professional on any of these topics or other topics that may have an effect on your health or well-being in any manner.

INFORMATION ON THIS WEBSITE IS FOR ENTERTAINMENT PURPOSES ONLY AND IS IN NO WAY INTENDED TO PROVIDE DIAGNOSIS, TREATMENT OPTIONS OR OPINIONS, CURES OR ANY OTHER MEDICAL ASSISTANCE FOR ANY MEDICAL OR PSYCHOLOGICAL CONDITION.  IN ADDITION TO OTHER DISCLAIMERS & LIMITATIONS LISTED IN THIS AGREEMENT, DWF AND ALL RELATED PARTIES DISCLAIM ANY LIABILITY OR LOSS IN CONNECTON WITH THE CONTENT LISTED ON THE WEBSITE.

USER RULES OF BEHAVIOUR

As a condition of use, you unconditionally agree to abide by these User Rules of Behaviour and not to use the Services for any purpose that is prohibited. You are responsible for all of your activity in connection with the Services.

You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  1. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (refer to our DMCA Copyright Policy contained within);
  2. you know is false, misleading, untruthful or inaccurate;
  3. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
  4. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
  6. impersonates any person or entity, including any of our employees or representatives; or
  7. includes anyone’s identification documents or sensitive financial information.

In the event that you use the Site for any unlawful purposes, the Company reserves the right to provide any and all of your personal information to the necessary law enforcement agencies. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Any user will be banned from the Website in the event that they attempt to violate any trademark laws or similar, post vulgar or offensive content or attempt to impersonate another individual.  Determinations of this nature are at the Company’s sole discretion and users must agree to abide by the following Rules of Behaviour:

  1. If you are under the age of 13 you may not, for any reason or under any circumstances use the Services. The Company may, at our sole discretion, refuse Services to any person or entity and change its eligibility requirements at any time.
  2. If you are provided with any personal, private or confidential information by a third person through the Website, you will keep all such information private and confidential and will not give out such information to anyone without first obtaining permission from the person who provided the information to you;
  3. You will not post or transmit contact information including, but not limited to, email addresses, “instant messenger” or “chat” nicknames, telephone numbers, postal addresses, URLs, or full names through any part of the Website;
  4. You shall not harvest, data mine or attempt to collect any personal information from or about others, including email addresses.
  5. If you have been previously banned from the Website you shall not utilize alternative information in order to access the Website;
  6. You shall not post any information that is considered unlawful or fraudulent in any jurisdiction nor will you use Services for illegal actions or illegal conduct of any kind;
  7. You shall not use Services for the purposes of infringing on the privacy rights, property rights or any other kind of rights of any person, company or institution;
  8. You shall not use Services for any commercial purposes including, but not limited to, advertising, distribution, promotion including chain letters, junk e-mail or repetitive messages to anyone;
  9. You shall not use any obscene, indecent or offensive language or post on or through the Website, any graphics, text, photographs, images, video, audio or other material that is in any way defamatory, abusive, harassing, bullying, racist, hateful or violent.  You shall also refrain from the use of any ethnic slurs, making any personal attacks on individuals, and the promotion of intolerance towards religious groups or the LBGT (lesbian, gay, bisexual and transgender) community;
  10. You shall not use or post any sexually suggestive language on or through the Website including, but not limited to, text, photographs, images, video, audio or other material that could be considered sexually suggestive;
  11. You shall not post comments, graphics, text, photographs, images, video, audio or other material with the intention to, or resulting in:
  12. the invasion of anyone’s privacy;
  13. the encouragement of conduct that would constitute a criminal offense
  14. give rise to civil liability
  15. violate any local, state, provincial, federal, national or international laws or regulations
  16. You shall not use Site for the purposes of solicitation of any kind, including but not limited to, business solicitation, charitable solicitation, the solicitation of goods and services or any form of sexual solicitation;
  17. You shall not use Site for the purposes of engaging in any form of harassment or offensive behavior, including but not limited to, the posting of communications, pictures or recordings which contain libelous, slanderous, abusive or defamatory statements, or racist, pornographic, obscene, or offensive language;
  18. You will not distribute, promote or otherwise publish any kind of malicious code, viruses of any kind, or any other item or communication that may cause harm to the Website, Service, the Company or to another user’s system(s) in any way.
  19. You shall not use Site if you have been convicted of sexual offences or are considered to be a convicted sex offender in any jurisdiction;

A user’s right to use any part of the Website is at the Company’s sole discretion and a user may be restricted or banned without notice, explanation or liability at any time. Users will accept full and complete responsibility for their actions from your profile.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

MONITORING AND REMOVAL OF INFORMATION

The Company, although under no obligation to review the communications posted to the Website, reserves the right to monitor, pre-screen, review, flag, filter, modify, refuse or remove any and all content or information submitted for posting to any part of its Website.  You as the user will remain solely responsible for the content of any submissions made to the Website from your profile.  We will respond to any complaints filed with Our Service in regards to material on any part of Our Website and the material in question will be promptly reviewed and should it be considered unacceptable, will be immediately removed from the Website.

The Company reserves the right to immediately restrict, suspend or terminate your access to the Website at any time without notice and for any reason without recourse.

If any submissions are considered by the Company to be unlawful, you may be referred to the appropriate law enforcement agencies in any and all jurisdictions.

PROPRIETARY RIGHTS

You acknowledge and agree that the Company owns all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).  You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.

Unless you have agreed otherwise in writing with the Company, nothing in this Agreement gives you the right to use any of the Company’s trade names, trademarks, service marks, logos, domain names and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with the Company, then you agree that your use of such features shall be in compliance with that agreement and any Company guidelines as updated from time to time.

You agree that you shall not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Services or from any images, pictures, photos or created graphics that you intend to submit to DWF.

Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Services, you will not use any trademark, Service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

NO RESPONSIBILITY

You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

OWNERSHIP OF USER CONTRIBUTED CONTENT

You acknowledge that any submissions you choose to make to the Website whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. The Company does not guarantee that any Content you access on or through the Services is or will continue to be accurate. Through your actions of providing content submissions, you provide DWF with the rights and sub-licenses to use all of the content that appears in the Site. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to, any content that appears on the Website.

You acknowledge that by providing any submission to the Website, including but not limited to, content, images, photographs, pictures and created graphics, you warrant that you are the owner of such content or that the true copyright owner has granted you the non-exclusive, world-wide royalty-free license to use, copy, distribute, transmit, reproduce, edit, translate, reformat and public display of such images or creations.

Notices and Restrictions. The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use License. Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Unless otherwise agreed upon in writing by you and DWF, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the User Content.

Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.

 

The Company has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (http://lcweb.loc.gov/copyright/legislation/dmca.pdf). The address of the Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.

DWF – DMCA COPYRIGHT POLICY

Reporting Copyright Infringement:

If you allege that your intellectual property is being violated, you must submit to the Company:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
  2. Identification of the works or materials being infringed;
  3. Identification of the material that is claimed to be infringing including information regarding the specific location of the infringing materials on the Company’s website that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;
  4. Contact information of the person notifying the Company, including address, telephone number and, if available, e-mail address;
  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:

It is the Company’s policy:

  1. to remove or disable access to the infringing material;
  2. to notify the content provider, member or user that it has removed or disabled access to the material; and
  3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider’s or user’s access to the service.

 

Procedure to Supply a Counter-Notice to the Designated Agent:

  1. A physical or electronic signature of the content provider, member or user;
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
  3. A statement that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
  4. Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s or user’s address is located, or if the content provider’s or user’s address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company’s discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at dmca@digiwidgy.com

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOUR USE OF SITE AND ITS RELATED SERVICES IS ENTIRELY AT YOUR OWN RISK AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. IN PARTICULAR, THE COMPANY DOES NOT REPRESENT OR WARRANT TO YOU THAT:

  1. YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
  2. YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR;
  3. ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND
  4. DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWRE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT DWF, ITS SUBSIDIARIES, PARENT COMPANIES AND AFFILIATES LICENSORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS SHALL NOT BE LIABILE TO YOU FOR:

  1. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.  THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL, BUSINESS OR PERSONAL REPUTATION, ANY LOSS OF DATA, DAMAGES TO COMPUTER HARDWARE OR SOFTWARE SUFFERED OR OTHER INTANGIBLE LOSS
  2. ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
  3. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY USER SUBMISSIONS OR COMMUNICATIONS THROUGH THE WEBSITE;
  4. ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
  5. ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
  6. THROUGH THE CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT, COMMUNICATIONS AND/OR DATA MAINTAINED OR TRANSMITTED BY, OR THROUGH YOUR USE OF THE SERVICES;
  7. THROUGH THE ACCIDENTAL OR PURPOSEFUL DELETION OF ANY CONTENT, COMMUNICATIONS AND/OR DATA MAINTAINED OR TRANSMITTED BY, OR THROUGH YOUR USE OF THE SERVICES;
  8. YOUR FAILURE TO PROVIDE THE COMPANY WITH ACCURATE USER INFORMATION;
  9. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL
  10. ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY THE COMPANY OR WEBSITE AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE COMPANY’S SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER DWF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  11. ANY CONTENTION, DISAGREEMENT, MISUNDERSTANDING OR DISPUTE YOU MAY HAVE WITH ANOTHER USER OR GROUP OF USERS ARISING OUT OF OR, IN ANY WAY CONNECTED WITH YOUR USE OF THE WEBSITE OR SERVICE.

THE LIMITATION ON THE COMPANY’S LIABILITY ABOVE SHALL APPLY WHETHER OR NOT THE COMPANY HAS OR HAD BEEN ADVISED OF, OR SHOULD HAVE BEEN AWARE OF THE POSSIBLITY OF ANY SUCH LOSSES ARISING.

THE SERVICES PROVIDED BY THE COMPANY ARE PROVIDED ON AN “AS IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. THE COMPANY DOES NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR OWN RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

INDEMNITY

YOUR USE OF THE SERVICES CONSTITUTES YOUR COMPLICIT AGREEMENT TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY, ITS PARENT COMPANY AND ANY EMPLOYEES AND DIRECTORS, SUBSIDIARIES, AFFILIATES AND ALL OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS AGREEMENT OR THE FOREGOING REPRESENTATIONS, WARRANTIES AND COVENANTS. YOU SHALL COOPERATE AS FULLY AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM. THE COMPANY RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

CHANGES TO THE AGREEMENT

The Company reserves the right, at any time, to make changes or modifications to this Agreement. Such changes will become effective upon its publication on the Website. You understand and agree that if you continue to use the Services after the date on which this Agreement has changed and been posted to the Website this continued use shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions.

You agree to review this Agreement periodically to be aware of any such revisions.

GENERAL LEGAL TERMS

You may (as a result of, or through your use of the Services) use a service, download a piece of software, or purchase goods which are provided by another person or company.  Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned.  If so, the terms of this Agreement do not affect your legal relationship with these other companies or individuals however, the Company is not in any way liable for any differences in terms with those third parties and you are solely responsible for reading, understanding and abiding by those third party terms.  The Company is not in any way liable for any breach or difficulties you or the third party may encounter by the misunderstanding or breach of those terms.

You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in this Agreement (or which the Company has the benefit of under any applicable law), this will not be taken as a formal waiver of the Company’s rights and those rights or remedies will still be available to the Company for enforcement at any time.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed or amended without affecting the rest of the Agreement.  The remaining provisions will continue to be valid and enforceable.

This Agreement represents the entire Agreement between you and the Company regarding the use of Our Services and you agree that your relationship with the Company under this document shall be governed by the laws of Panama without regard to its conflict of laws provisions.  As a condition of your use of Services, you agree that any and all disputes and causes of action arising out of or connected with the Website shall be resolved through arbitration, with such arbitration to be held in Panama.  Additionally, except where prohibited by law, you agree that any and all disputes and causes of action arising out of or connected to Our Services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Website must be filed within one (1) year after such claim or cause of action arose or be forever barred.  The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.  You agree that any dispute that is deemed to be insoluble by an appointed arbitrator will be submitted to the exclusive jurisdiction of the courts located within Panama.  Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

ENTIRE AGREEMENT

The aforementioned constitutes the entire Agreement between you and us with respect to the Services, including regarding your access and use of the Website.  Any failure on the Company’s part to exercise or enforce any part of this Agreement shall not constitute waiver of any portion of this Agreement and the Company reserves the right to enforce any part of this Agreement at any time.