Effective Date: May 1, 2007.
Welcome to the Web site of THE DIGITAL WORD, hereinafter referred to as
"www.thedigitalword.com," or the "Site". The following terms and conditions,
and any other policies, notices, rules or guidelines posted on the Site,
shall govern your use of the Site. Because these Terms and Conditions contain
legal obligations, please read them carefully.
1. YOUR AGREEMENT
By using this Site, you agree to be bound by, and to comply with, these Terms and
Conditions, unless you offer different terms that are accepted in writing by
THE DIGITAL WORD. You also agree to comply with any guidelines or rules posted on
this site, and all such guidelines and rules posted are hereby incorporated by
reference into these Terms and Conditions. If you are dissatisfied with this Site,
its content or Terms and Conditions, or other legal notices, you agree that your
sole and exclusive remedy is to discontinue using this Site.
PLEASE NOTE: We reserve the right, at our sole discretion, to change, modify or
otherwise alter these Terms and Conditions at any time. Unless otherwise indicated,
amendments will become effective immediately. Please review these Terms and
Conditions periodically. Your continued use of the Site following the posting of
changes and/or modifications will constitute your acceptance of the revised Terms
and Conditions and the reasonableness of these standards for notice of changes,
unless you offer different terms that are accepted by THE DIGITAL WORD. For your
information, this page was last updated as of the date at the top of these terms
and conditions.
2. PRIVACY
Please review our
Privacy Policy, which also governs your visit to this Site, to
understand our practices.
3. USER CONDUCT
(a) Any conduct by you that in our sole discretion restricts or inhibits any other
user from using or enjoying the Site (or any linked site) will not be permitted.
You agree not to access or attempt to access the non-public areas of the Site, or
any other user's information or impersonate any person or entity, or otherwise
falsely state or misrepresent your affiliation with a person or entity.
(b) You agree that your data, content, and any information provided or used on
the Site, as well as your use of our Site, Products and Services, will not infringe
or facilitate infringement on any copyright, patent, trademark, trade secret, or
other proprietary, publicity, or privacy rights (collectively "Rights") of any party,
including the Rights of third-parties; or contain or promote any viruses, Trojan
horses, worms, time bombs or other computer programming or code that is designed or
intended to damage, destroy, intercept, download, interfere, manipulate, or
otherwise interrupt or expropriate the Site, data, personal information, software,
equipment, servers or content or facilitate or promote hacking or similar conduct.
You also agree not to make any attempt to earn or redeem rewards in a manner
inconsistent with this Agreement.
4. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR
SOLE RISK; (ii) THE PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS; (iii) EXCEPT AS EXPRESSLY PROVIDED HEREIN WE EXPRESSLY DISCLAIM ALL WARRANTIES
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT,
TITLE AND NON-INFRINGEMENT; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
HROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK; (v) YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR FOR ANY LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR OPENING ANY EMAIL SENT BY US;
(vi) WE MAKE NO WARRANTY WITH RESPECT TO THE ACCURACY, THE RESULTS THAT MAY BE OBTAINED
OR THE RELIABILITY OF ANY INFORMATION, CONTENT, SERVICE OR MERCHANDISE PROVIDED OR
ADVERTISED THROUGH THE SITE OR THAT THE CONTENT PROVIDED ON THE SITE IS APPLICABLE TO,
OR APPROPRIATE FOR USE IN, LOCATIONS OUTSIDE OF THE UNITED STATES ; and (vii) NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
B. EXCEPT AS EXPRESSLY STATED HEREIN WE MAKE NO WARRANTY THAT: (i) ANY PRODUCT OR SERVICE
WILL MEET YOUR REQUIREMENTS; (ii) ANY PRODUCT OR SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY PRODUCT
OR SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF ANY PRODUCT, SERVICE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ANY PRODUCT OR
SERVICE WILL MEET YOUR EXPECTATIONS; OR (v) ANY DEFECTS WILL BE CORRECTED.
C. YOU UNDERSTAND AND AGREE THAT EXCEPT AS EXPRESSLY SET FORTH HEREIN OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, TRANSMITTING, OR DISTRIBUTING THE SITE OR RELATED PRODUCTS OR SERVICES
(COLLECTIVELY THE "THE DIGITAL WORD UMBRELLA") SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) YOUR USE OR 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 THE SITE; (v) OR ACTS OF
NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION,
INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT OR OTHER
EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS,
INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS,
STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR
FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR LOSS OF OR
FLUCTUATIONS IN HEAT, LIGHT, OR AIR CONDITIONING or (vi) ANY OTHER MATTER RELATING
TO THE SITE HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
IN NO EVENT SHALL OUR TOTAL LIABILTY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR
OTHERWISE EXCEED THE VALUE OF THE REWARD OFFERED TO YOU BY THE DIGITAL WORD. THE
FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY LIMITED REMEDY.
5. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, OUR
LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
6. MONITORING SITE USAGE
We may elect to electronically monitor areas of the Site and may disclose any content,
records, or electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or appropriate to operate
the Site; or (iii) to protect our rights or property or the rights of the users,
sponsors, providers, licensors, or merchants.
7. SUBMISSION OF IDEAS
We constantly are improving our Site and developing new features. If you have ideas
regarding improvements or additions, we would like to hear them - but any submission
will be subject to these Terms and Conditions. UNDER NO CIRCUMSTANCES WILL ANY
DISCLOSURE OF ANY IDEA OR RELATED MATERIALS BE SUBJECT TO ANY OBLIGATION OF
CONFIDENTIALITY OR EXPECTATION OF COMPENSATION. BY SUBMITTING AN IDEA AND/OR ANY
RELATED MATERIAL TO US, YOU ARE WAIVING ANY AND ALL RIGHTS THAT YOU MAY HAVE IN THE
IDEA OR ANY RELATED MATERIALS, AND YOU ARE REPRESENTING AND WARRANTING TO US THAT
THE IDEA AND RELATED MATERIALS ARE WHOLLY ORIGINAL WITH YOU, THAT NO ONE ELSE HAS
ANY RIGHTS IN THE IDEA OR MATERIALS AND THAT WE ARE FREE TO IMPLEMENT THE IDEA AND
TO USE THE MATERIALS IF IT SO DESIRES, AS PROVIDED OR AS MODIFIED BY US, WITHOUT
OBTAINING PERMISSION OR LICENSE FROM ANY THIRD PARTY.
8. INDEMNITY
By using the web site you agree to indemnify THE DIGITAL WORD and hold them harmless
from any and all claims and expenses, including (without limitation) attorney's fees,
arising from your use of the web site, your use of the Products and Services, or
your submission of ideas and/or related materials to THE DIGITAL WORD or from any
person's use of any ID, membership or password you maintain with any portion of the
Site, regardless of whether such use is authorized by you. By using the Site, the
Products and Services, or submitting any ideas and/or related materials to us, you
are hereby agreeing to release Indemnities from any and all claims, demands, debts,
obligations, damages (actual or consequential), costs, and expenses of any kind or
nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or
undisclosed, that you may have against them arising out of or in any way related to
such disputes and/or to the Products and Services or to any disputes regarding use
of ideas and/or related materials submitted to Indemnities. YOU AGREE TO WAIVE TO,
THE FULLEST EXTENT PERMITTED BY LAW, ALL LAWS THAT MAY LIMIT THE EFFICACY OF SUCH
INDEMNIFICATIONS OR RELEASES. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE
PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN
BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
9. COPYRIGHT AND TRADEMARK NOTICE
Except as expressly provided, nothing within the Site shall be construed as
conferring any license under our or any third party's intellectual property rights,
whether by estoppel, implication, waiver, or otherwise. Without limiting the
generality of the foregoing, you acknowledge and agree that all content available
through and used to operate the Site and its services is protected by copyright,
trademark, patent, or other proprietary rights of THE DIGITAL WORD, its licensors,
and service providers. You agree not to: (i) modify, alter, or deface any of the
trademarks, service marks, trade dress (collectively "Trademarks") or other
intellectual property made available by us in connection with the Site; (ii) hold
yourself out as in any way sponsored by, affiliated with, or endorsed by us, or
any of our affiliates or service providers; (iii) use any of the Trademarks or
other content accessible through the Site for any purpose other than the purpose
for which we have made it available to you; (iv) defame or disparage us, our
Trademarks, or any aspect of the Site; and (v) adapt, translate, modify,
decompile, disassemble, or reverse engineer the Site or any software or programs
used in connection with it or its Products and Services. Links to the Site
without THE DIGITAL WORD's express written permission are strictly prohibited.
The framing, mirroring, scraping or data mining of the Site or any of its
content in any form and by any method is expressly prohibited.
10. INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS
It is the policy of THE DIGITAL WORD to respond expeditiously to claims of
intellectual property infringement. We will promptly process and investigate
notices of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act ("DMCA") and other applicable intellectual
property laws. Notices of claimed infringement should be directed to:
Registered Copyright Agent
THE DIGITAL WORD
thedigitalword@hotmail.com
11. PLACE OF PERFORMANCE
You understand and agree that THE DIGITAL WORD does business only in the State
of California, and does not own or operate any facilities outside of California.
References to any services or products of THE DIGITAL WORD does not constitute
an offer to sell or supply that service or product, nor does it mean that the
service or product is available in all jurisdictions. Those who choose to access
this site from locations outside California do so on their own initiative and are
responsible for compliance with all applicable local laws.
12. GENERAL
A. Choice of Law, Limitation of Actions, Severability and Non-Waiver. These Terms
and Conditions will be governed in all respects by the laws of the State of
California as such laws are applied to agreements entered into and to be performed
entirely within California between California residents. You hereby consent to
jurisdiction and venue in the state and federal courts in Orange, California for
such purpose, waive the personal service of any process upon them and agree that
service may be effected by overnight mail (using a commercially recognized service)
or by U.S. mail with delivery receipt to the address you provided to THE DIGITAL
WORD) and agree that any claim against us must be filed within one (1) year of the
time such claim arises, regardless of any law to the contrary; otherwise your claim
will be barred forever. If any provision of these Terms and Conditions is held to
be invalid or unenforceable, the provision shall be removed (or interpreted, if
possible, in a manner as to be enforceable), and the remaining provisions shall
be enforced. Headings are for reference purposes only and in no way define, limit,
construe or describe the scope or extent of such section. Our failure to act with
respect to a breach by you or others does not waive our right to act with respect
to subsequent or similar breaches. These Terms and Conditions set forth the
entire understanding and agreement between us with respect to the subject matter
contained herein and supersede any other agreement, proposals and communications,
written or oral, between THE DIGITAL WORD's representatives and you with respect
to the subject matter hereof, including any terms and conditions on any of
customer's documents or purchase orders.
B. No Joint Venture, No Derogation of Rights. You agree that no joint venture,
partnership, employment, or agency relationship exists between you and THE DIGITAL
WORD as a result of these Terms and Conditions or your use of the Site. Our
performance of these Terms and Conditions is subject to existing laws and legal
process, and nothing contained herein is in derogation of our right to comply
with governmental, court and law enforcement requests or requirements relating
to your use of the Site or information provided to or gathered by us with respect
to such use.
