This agreement is between you and DigiKat Software Company (“Company”). Software refers to any software written, released, accessible on the Internet, sold or downloaded through Palm’s Application store, or maintained by Company including but not limited to DigiBar, DigiPay, DigiScanner, DigiPoll, DigiPoll Pro, DigiSerial, DigiNote, DigiTask, DigiJournal, DigiBackup, or DigiSync. Software includes but is not limited to any script, HTML page, or installed package offered through this website or Palm’s Application Store.. Software does not refer to any property owned by a third party.
1. You acknowledge that you have read the terms and conditions of use and that you accept the terms thereof. YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SOFTWARE. If you do not agree to these terms and conditions of use, you may not access or otherwise use this Website or any Software product.
2. Company may monitor your use of the Software, and may freely use and disclose any information and materials received from you or collected through your use of the Software for any lawful reason or purpose. Company is not required to notify you of any request by a law enforcement agency unless otherwise prohibited by law. Any collected information will not be willfully disclosed to any third party for profit without prior consent.
3. Company reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
4. The Software is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The contents of the Software are only for your personal, non-commercial use. Materials contained on the Software are protected by copyright, are owned or controlled by Company or the party credited as the provider of the content. You will abide by any and all additional copyright notices, information, or restrictions contained in any content on the Software. Copying or storing of any content for any use is expressly prohibited without the prior written permission from Company or the copyright holder identified in the individual content copyright notice.
5. If you believe that specific content on the Software infringes upon your copyrighted materials, please provide Company with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the allegedly infringing material is located on the Software, including the url's of the particular web pages; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the use on the Software is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the foregoing information is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Company's Designated Agent for copyright claims can be contacted as follows:
PO BOX 6601
Moore, OK 73159
6. Company may change, suspend or discontinue any aspect of the Software at any time, including the availability of any Software feature, database, or content. Company may also impose limits on certain features and services or restrict your access to parts or the entire Software without notice or liability.
7. You represent, warrant and covenant that: (a) shall not upload, post or transmit to, distribute, otherwise publish through the Software any materials which (i) restrict or inhibit any other user from using and enjoying the Software, (ii) are unlawful, threatening, abusive, libelous, or defamatory (iii) constitute or encourage conduct that would constitute a criminal offense, rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, (vi) contain any information, software or other material of a commercial nature, (vii) contain advertising of any kind (i.e.Spam), or (viii) constitute or contain false or misleading indications of origin or statements of fact ; and (b) you will not use or access the Software in any jurisdiction in which doing so would be unlawful.
8. Some of our Software is restricted to adults, including but not limited too DigiDater, and www.digidater.net. You represent, warrant and covenant that by accessing any Software with a disclaimer restricting the age: (a) that you are at least eighteen (18) years old, or twenty-one (21) years old if that is the age of majority in your jurisdiction; (b) you will not redistribute content to anyone, nor will you permit any minor, or anyone who would find the content offensive, to view the content.
9. The Software may contain links and pointers to the other related World Wide Web Internet sites, resources, and sponsors of the Software. Links to and from Software to other third party sites, maintained by third parties, do not constitute an endorsement by Company or any of its subsidiaries or affiliates of any third party resources, or their contents. If you decide to access any of the third-party sites linked to the Software, you do so entirely at your own risk.
10. Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Software. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Software.
11. Company does not and cannot review all materials posted to the Software by users, and Company is not responsible for any such materials posted by users. However, Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that, in Company's sole discretion, are objectionable or in violation of this Agreement.
12. THE SOFTWARE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SOFTWARE, IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SOFTWARE OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SOFTWARE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SOFTWARE OR ANY LINKED SITE. FURTHER, COMPANY AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.VCOMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE OF THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
13. By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications" to the Software, you hereby grant to Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.
14. You maintain sole responsibility for your interactions with other Software users. You understand that Company does not in any way screen its members or verify any statements made by its members. Company makes no representations or warranties of any kind as to the conduct of members. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SOFTWARE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THE SOFTWARE OR PERSONS YOU MEET THROUGH THE SOFTWARE.
15. You hereby agree to indemnify, defend and hold Company, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties" harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of the Agreement or the foregoing representations, warranties and covenants, including, without limitation, attorneys' fees and costs. You shall cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Company.
16. Certain Software require a subscription or membership and you may at any time request to have your membership cancelled by simply sending an email to email@example.com and clearly defining the account that is to be cancelled. Company also reserves the right to refuse or cancel the membership of any member found to be defrauding the system in any way, or in any case where Company feels that the member is not acting in the best interests of the Software.
17. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OKLAHOMA, WITHOUT REGARD TO CONFLICTS OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF OKLAHOMA, COUNTY OF CLEVELAND.
18. This Agreement constitutes the entire agreement between Company and you with respect to your use of the Software. If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.