|
 |
|
Your Shopping Cart is empty. |
|
Terms and Conditions
Terms Of Use & Service
IMPORTANT!
THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THIS SITE, WHICH IS
PROVIDED BY DigtalTaz™. BY ACCESSING THIS SITE, YOU ARE INDICATING
YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE. THESE TERMS
OF USE ARE SUBJECT TO CHANGE BY DigtalTaz™
AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS SITE AFTER SUCH CHANGES
ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE
CHANGES. PLEASE CONSULT THESE TERMS OF USE PRIOR TO EVERY USE FOR ANY
CHANGES.
Access To This Site
YOU
MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THIS WEB SITE. IF YOU
ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS
WEB SITE FOR ANY REASON. DUE TO THE AGE RESTRICTIONS FOR USE OF THIS
WEB SITE, NO INFORMATION OBTAINED BY THIS WEB SITE, FALLS WITHIN THE
CHILDREN´S ONLINE PRIVACY PROTECTION ACT (COPPA) AND IS NOT MONITORED
AS DOING SO.
To
access this site or some of the resources it has to offer, you may be
asked to provide certain registration details or other information. It
is a condition of your use of this site that all the information you
provide on this site will be correct, current, and complete. If DigtalTaz™believes
the information you provide is not correct, current, or complete, we
have the right to refuse you access to this site or any of its
resources, and to terminate or suspend your access at any time, without
notice.
Restrictions On Use
You
may use this site for purposes expressly permitted by this site. You
may not use this site for any other purpose, including any commercial
purpose, without DigtalTaz™
express prior written consent. For example, you may not (and may not
authorize any other party to) (i) co-brand this site, or (ii) frame
this site, or (iii) hyper-link to this site, without the express prior
written permission of an authorized representative of our DigtalTaz™.
For purposes of these Terms of Use, "co-branding" means to display a
name, logo, trademark, or other means of attribution or identification
of any party in such a manner as is reasonably likely to give a user
the impression that such other party has the right to display, publish,
or distribute this site or content accessible within this site. You
agree to cooperate with our DigtalTaz™ in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
Proprietary Information
The
material and content (hereinafter referred to as the "Content")
accessible from this site, and any other World Wide Web site owned,
operated, licensed, or controlled by DigtalTaz™ is the proprietary information of DigtalTaz™or the party that provided the Content to DigtalTaz™, and DigtalTaz™ or the party that provided the Content to DigtalTaz™
retains all right, title, and interest in the Content. Accordingly, the
Content may not be copied, distributed, republished, uploaded, posted,
or transmitted in any way without the prior written consent of DigtalTaz™,
or unless authorized in writing elsewhere on our site, except that you
may print out a copy of the Content solely for your personal use. In
doing so, you may not remove or a lter, or cause to be removed or a
ltered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the Content.
Modification or use of the Content except as expressly provided in
these Terms of Use violates DigtalTaz™ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this site.
Hyper-Links
This site may be hyper-linked to other sites which are not maintained by, or related to, DigtalTaz™. Hyper-links to such sites are provided as a service to users and are not sponsored by or affiliated with this site or DigtalTaz™. DigtalTaz™
has not reviewed any or all of such sites and is not responsible for
the content of those sites. Hyper-links are to be accessed at the
user´s own risk, and DigtalTaz™
makes no representations or warranties about the content, completeness
or accuracy of these hyper-links or the sites hyper-linked to this
site. Further, the inclusion of any hyper-link to a third-party site
does not necessarily imply endorsement by DigtalTaz™ of that site.
Submissions
You hereby grant DigtalTaz™
the royalty-free, perpetual, irrevocable, worldwide, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated to DigtalTaz™
through this site (together, hereinafter known as the "Submission"),
and to incorporate any Submission in other works in any form, media, or
technology now known or later developed. DigtalTaz™
will not be required to treat any Submission as confidential, and may
use any Submission in its business (including without limitation, for
products or advertising) without incurring any liability for royalties
or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future DigtalTaz™ operations.
DigtalTaz™ will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.
Disclaimer
You understand that DigtalTaz™
cannot and does not guarantee or warrant that files available for
downloading from the Internet will be free of viruses, worms, Trojan
horses or other code that may manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures
and checkpoints to satisfy your particular requirements for accuracy of
data input and output, and for maintaining a means external to this
site for the reconstruction of any lost data. DigtalTaz™ does not assume any responsibility or risk for your use of the Internet.
The Content is not necessarily complete and up-to-date and should not
be used to replace any written reports, statements, or notices provided
by DigtalTaz™.
Investors, borrowers, and other persons should use the Content in the
same manner as any other educational medium and should not rely on the
Content to the exclusion of their own professional judgment.
Information obtained by using this site is not exhaustive and does not
cover all issues, topics, or facts that may be relevant to your needs.
YOUR
USE OF THIS SITE IS AT YOUR OWN RISK. The Content is provided “as is”
and without warranties of any kind, either expressed or implied. DigtalTaz™
disclaims all warranties, including any implied warranties of
merchantability, fitness for a particular purpose, TITLE, OR
NON-INFRINGEMENT. DigtalTaz™
does not warrant that the functions OR CONTENT contained in this site
will be uninterrupted or error-free, that defects will be corrected, or
that this site or the server that makes it available are free of
viruses or other harmful components. DigtalTaz™
does not warrant or make any representation regarding use, or the
result of use, of the content in terms of accuracy, reliability, or
otherwise. The content may include technical inaccuracies or
typographical errors, and DigtalTaz™ may make changes or improvements at any time. You, and not DigtalTaz™,
assume the entire cost of all necessary servicing, repair or correction
IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE OR
ITS CONTENT. DigtalTaz™
MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE
RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS
OR OMISSIONS IN SUCH CONTENT.
All
of the information in this site, whether historical in nature or
forward-looking, speaks only as of the date the information was posted
on this site, and DigtalTaz™
does not undertake any obligation to u pdate such information after it
is posted or to remove such information from this site if it is not, or
is no longer, accurate or complete.
Limitation On Liability
DigtalTaz™,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE
LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF
REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR
DAMAGES, EVEN IF DigtalTaz™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF DigtalTaz™
AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT
PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY
(REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR
OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO DigtalTaz™ FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE.
Indemnity
You will indemnify and hold DigtalTaz™,
its subsidiaries, affiliates, licensors, content providers, service
providers, employees, agents, officers, directors, and contractors
(hereinafter known as the "Indemnified Parties") harmless from any
breach of these Terms of Use by you, including any use of Content other
than as expressly authorized in these Terms of Use. You agree that the
Indemnified Parties will have no liability in connection with any such
breach or unauthorized use, and you agree to indemnify any and all
resulting loss, damages, judgments, awards, costs, expenses, and
attorney´s fees of the Indemnified Parties in connection therewith. You
will also indemnify and hold the Indemnified Parties harmless from and
against any claims brought by third parties arising out of your use of
the information accessed from this site.
Trademarks
Trademarks, service marks, and logos appearing in this site are the property of DigtalTaz™ or the party that provided the trademarks, service marks, and logos to DigtalTaz™. DigtalTaz™ and any party that provided trademarks, service marks, and logos to DigtalTaz™ retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in this site.
Information You Provide
You may not post, send, submit, publish, or transmit in connection with this site any material that:
- you do not have the right to post, including proprietary material of any third party;
- advocates illegal activity or discusses an intent to commit an illegal act;
- is vulgar, obscene, pornographic, or indecent;
- does not pertain directly to this site;
- threatens
or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening or offensive;
- seeks
to exploit or harm children by exposing them to inappropriate content,
asking for personally identifiable details or otherwise;
- infringes
any intellectual property or other right of any entity or person,
including violating anyone’s copyrights or trademarks or their rights
of publicity;
- violates any law or may be considered to violate any law;
- impersonates
or misrepresents your connection to any other entity or person or
otherwise manipulates headers or identifiers to disguise the origin of
the content;
- advertises any commercial endeavor (e.g.,
offering for sale products or services) or otherwise engages in any
commercial activity (e.g., conducting raffles or contests, displaying
sponsorship banners, and/or soliciting goods or services) except as may
be specifically authorized on this site;
- solicits funds, advertisers or sponsors;
- includes
programs which contain viruses, worms and/or Trojan horses or any other
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications;
- disrupts the normal flow of dialogue,
causes a screen to scroll faster than other users are able to type, or
otherwise act in a way which affects the ability of other people to
engage in real time activities via this site;
- includes all digital format files;
- amounts to a ´pyramid´ or similar scheme;
- disobeys
any policy or regulations established from time to time regarding use
of this site or any networks connected to this site; or
- contains hyper-links to other sites that contain content that falls within the descriptions set forth above.
Although under no obligation to do so, DigtalTaz™
reserves the right to monitor use of this site to determine compliance
with these Terms of Use, as well the right to remove or refuse any
information for any reason. Notwithstanding these rights, you remain
solely responsible for the content of your submissions. You
acknowledge and agree that neither DigtalTaz™ nor any third party that provides Content to DigtalTaz™ will assume or have any liability for any action or inaction by DigtalTaz™ or such third party with respect to any submission.
Security
Any
passwords used for this site are for individual use only. You will be
responsible for the security of your password (if any). DigtalTaz™ will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that DigtalTaz™ considers insecure, DigtalTaz™ will be entitled to require the password to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in
connection with this site to compromise security or tamper with system
resources and/or accounts. The use or distribution of tools designed
for compromising security (e.g., password guessing programs, cracking
tools or network probing tools) is strictly prohibited. If you become
involved in any violation of system security, DigtalTaz™
reserves the right to release your details to system administrators at
other sites in order to assist them in resolving security incidents. DigtalTaz™ reserves the right to investigate suspected violations of these Terms of Use.
DigtalTaz™ reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing DigtalTaz™
to disclose the identity of anyone posting any e-mail messages, or
publishing or otherwise making available any materials that are
believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS DigtalTaz™ FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY DigtalTaz™
DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS
TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER [DigtalTaz™] OR LAW
ENFORCEMENT AUTHORITIES.
Miscellaneous
These
Terms of Use will be governed and interpreted pursuant to the laws of
New Jersey, United States of America, notwithstanding any principles of
conflicts of law. You specifically consent to personal jurisdiction in
New Jersey in connection with any dispute between you and DigtalTaz™
arising out of these Terms of Use or pertaining to the subject matter
hereof. The parties to these Terms of Use each agree that the exclusive
venue for any dispute between the parties arising out of these Terms of
Use or pertaining to the subject matter of these Terms of Use will be
in the state and federal courts in Trenton, New Jersey. If any part of
these Terms of Use is unlawful, void or unenforceable, that part will
be deemed severable and will not affect the validity and enforceability
of any remaining provisions. These Terms of Use constitute the entire
agreement among the parties relating to this subject
matter. Notwithstanding the foregoing, any additional terms and
conditions on this site will govern the items to which they pertain. DigtalTaz™ may revise these Terms of Use at any time by updating this posting.
Last u pdated: October, 2008
|
|
|
