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Understanding your rights and responsibilities as a DigiNekt user
Protect your personal information by never providing social security, credit card or bank account numbers to prospective employers.
These Terms constitute a binding agreement between You and DIGINEKT operating the Web site for the country in which You live or in which business is headquartered (“DIGINEKT”), and are deemed accepted by You each time that You use or access any DIGINEKT Site or DIGINEKT Services. If You do not accept the Terms stated here, do not use the DIGINEKT Sites and the DIGINEKT Services.
DIGINEKT may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the DIGINEKT Sites suspended or terminated, at DIGINEKT’s discretion.
You must be 13 years of age or older to visit or use any DIGINEKT Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any DIGINEKT Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the DIGINEKT Content or Profiles to determine a consumer’s eligibility for: (a) credit or insurance for personal, family, or household purposes.
1. Use of DIGINEKT Content.
DIGINEKT authorizes You, subject to these Terms, to access and use the DIGINEKT Sites and the DIGINEKT Content (as defined below) and to download and print a single copy of the content available on or from the DIGINEKT Sites solely for Your personal, non-commercial use. The contents of the DIGINEKT Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other DIGINEKT content (collectively, “DIGINEKT Content”), are protected under copyright, trademark and other laws. All DIGINEKT Content is the property of DIGINEKT or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the DIGINEKT Sites is the exclusive property of DIGINEKT and is protected by copyright, trademark, and other laws. Unauthorized use of the DIGINEKT Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original DIGINEKT Content on any authorized copy You make of the DIGINEKT Content.
Any code that DIGINEKT creates to generate or display any DIGINEKT Content or the pages making up any DIGINEKT Site is also protected by DIGINEKT’s copyright and You may not copy or adapt such code.
2. Use of the DIGINEKT Services.
The job posting, resume database (“DIGINEKT Resume Database”) and other features of the DIGINEKT Sites may be used only by individuals seeking employment and/or career information and by employers seeking employees. Your use of the DIGINEKT Services is also subject to any other contracts You may have with DIGINEKT. In the case of any conflict between these Terms and any contract you have with DIGINEKT, the terms of your contract will prevail. The term “post” as used herein shall mean information that You submit, publish or display on a DIGINEKT Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your DIGINEKT Site registrations and passwords, whether or not authorized by You. You agree to immediately notify DIGINEKT of any unauthorized use of Your account, Profile, or passwords.
All DIGINEKT Users agree to not:
- take any action that imposes an unreasonable or disproportionately large load on any DIGINEKT Site’s infrastructure;
- use any device to navigate or search any DIGINEKT Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by DIGINEKT;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of any DIGINEKT Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
- reverse engineer or decompile any parts of any DIGINEKT Site;
- aggregate, copy or duplicate in any manner any of the DIGINEKT Content or information available from any DIGINEKT Site, including expired job postings, other than as permitted by these Terms;
- frame or link to any DIGINEKT Content or information available from any DIGINEKT Site, unless permitted by these Terms;
- post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating media;
- post any resume or Profile or apply for any job on behalf of another party;
- defer any contact from an employer to any agent, agency, or other third party;
- set more than one copy of the same resume to public at any one time;
- share with a third party any login credentials to any DIGINEKT Site;
- access data not intended for You or logging into a server or account which You are not authorized to access;
- post or submit to any DIGINEKT Site any incomplete, false or inaccurate biographical information or information which is not Your own;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other Users;
- delete or alter any material posted by any other person or entity;
- harass, incite harassment or advocate harassment of any group, company, or individual;
- send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting and/or advertising products or services to any User, or contact any users that have specifically requested not to be contacted by You;
- attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any DIGINEKT Site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- promote or endorse an illegal or unauthorized copy of another person’s copyrighted work; or
- use the DIGINEKT Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by DIGINEKT’s discretion.
Violations of system or network security may result in civil and/or criminal liability. DIGINEKT will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on DIGINEKT Sites. DIGINEKT is not to be considered to be an employer with respect to Your use of any DIGINEKT Site and DIGINEKT shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any DIGINEKT Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from DIGINEKT, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from DIGINEKT’s databases. Information may continue to be available for some period of time because of delays in propagating such deletion through DIGINEKT’s web servers.
In order to protect our DIGINEKT Users from commercial advertising or solicitation, DIGINEKT reserves the right to restrict the number of e-mails which an employer may send to Users to a number which DIGINEKT deems appropriate in its sole discretion. You shall use the DIGINEKT Networking and Profiles in accordance with all applicable privacy and data protection laws.
A Job posting may not contain:
- any hyperlinks, other than those specifically authorized by DIGINEKT;
- misleading, unreadable, or “hidden” keywords, repeated keywords or keywords that are irrelevant to the job opportunity being presented, as determined in DIGINEKT’s reasonable discretion;
- the names, logos or trademarks of unaffiliated companies other than those of your customer save where expressly agreed by DIGINEKT;
- the names of colleges, cities, states, towns or countries that are unrelated to the posting;
- more than one job or job description, more than one location, or more than one job category, unless the product so allows;
- inaccurate, false, or misleading information; and
- material or links to material that exploits people in a sexual, violent or other manner, or solicits personal information from anyone under 18.
You may not use Your DIGINEKT job posting, DIGINEKT Networking, or Profiles to:
- post jobs in a manner that does not comply with applicable local, national and international laws, including but not limited to laws relating to labor and employment, equal employment opportunity and employment eligibility requirements, data privacy, data access and use, and intellectual property;
- post jobs that require citizenship of any particular country or lawful permanent residence in a country as a condition of employment, unless otherwise required in order to comply with law, regulations, executive order, or federal, state or local government contract;
- post jobs that include any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job;
- with respect to Profiles, determine a consumer’s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
- post jobs or other advertisements for competitors of DIGINEKT or post jobs or other content that contains links to any site competitive with DIGINEKT;
- sell, promote or advertise products or services;
- post any franchise, pyramid scheme, “club membership”, distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
- post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
- post any business opportunity that pays commission only unless the posting clearly states that the available job pays commission only and clearly describes the product or service that the job seeker would be selling;
- promote any opportunity that does not represent bona fide employment which is generally indicated by the employer’s use of IRS forms W-2 or 1099;
- post jobs on any DIGINEKT Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
- advertise sexual services or seek employees for jobs of a sexual nature;
- request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
- endorse a particular political party, political agenda, political position or issue;
- promote a particular religion;
- post jobs located in countries subject to economic sanctions of the United States Government; and
- except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
DIGINEKT reserves the right to remove any job posting or content from any DIGINEKT Site, which in the reasonable exercise of DIGINEKT’s discretion, does not comply with the above Terms, or if any content is posted that DIGINEKT believes is not in the best interest of DIGINEKT.
If at any time during Your use of the DIGINEKT Services, You made a misrepresentation of fact to DIGINEKT or otherwise misled DIGINEKT in regards to the nature of Your business activities, DIGINEKT will have grounds to terminate Your use of the DIGINEKT Services.
Use of the DIGINEKT Resume Database by Employers
You shall use the DIGINEKT Resume Database as provided in these Terms and in any contract You have with DIGINEKT. You shall use the DIGINEKT Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from DIGINEKT Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from DIGINEKT Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The DIGINEKT Resume Database shall not be used:
- for any purpose other than as an employer seeking employees, including but not limited to advertising promotions, products, or services to any resume holders;
- to make unsolicited phone calls or faxes or send unsolicited mail, email, or newsletters to resume holders or to contact any individual unless they have agreed to be contacted (where consent is required or, if express consent is not required, who has not informed you that they do not want to be contacted); or
- to source candidates or to contact job seekers or resume holders in regards to career fairs and business opportunities prohibited by Section 3.
In order to ensure a safe and effective experience for all of our customers, DIGINEKT reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in DIGINEKT’s sole discretion from time to time.
4. Additional terms applicable to Job Seekers.
When You register with any DIGINEKT Site, You will be asked to create an account and provide DIGINEKT with certain information including, without limitation, a valid email address (Your “Information”).
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the DIGINEKT Sites.
DIGINEKT reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by DIGINEKT or by third parties.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your DIGINEKT account or Your DIGINEKT account is terminated, all Your account information from DIGINEKT, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from DIGINEKT’s databases and will be removed from any public area of the DIGINEKT Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through DIGINEKT’s web servers. In addition, third parties may retain saved copies of Your Information.
DIGINEKT reserves the right to delete Your account and all of Your Information after a significant duration of inactivity without giving any notice of the deletion.
5. User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a DIGINEKT Site (“User Content”) is the sole responsibility of the person from which such User Content originated. DIGINEKT claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through DIGINEKT and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through DIGINEKT, you grant DIGINEKT a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through DIGINEKT. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant DIGINEKT a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting DIGINEKT and its services. DIGINEKT will discontinue this licensed use within a commercially reasonable period after such User Content is removed from DIGINEKT. DIGINEKT reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any DIGINEKT Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any DIGINEKT Site retains any and all rights that may exist in such User Content. DIGINEKT may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any DIGINEKT Site. DIGINEKT reserves the right to expel Users and prevent their further access to the DIGINEKT Sites and/or use of DIGINEKT Services for violating the Terms or applicable laws, rules or regulations. DIGINEKT may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for DIGINEKT, damage DIGINEKT’s brand or public image, or cause DIGINEKT to lose Users or (in whole or in part) the services of its suppliers.
DIGINEKT does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does DIGINEKT endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone’s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to DIGINEKT Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our DIGINEKT Community Users from commercial advertising or solicitation, DIGINEKT reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which DIGINEKT deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the DIGINEKT Sites. DIGINEKT does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the DIGINEKT Sites.
We appreciate hearing from our Users and welcome Your comments regarding our services and the DIGINEKT Sites.
6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any DIGINEKT Site and is accessible on such DIGINEKT Site in a way that constitutes copyright or trademark infringement, please contact DIGINEKT.
7. Policy Regarding Termination Of Users Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.
DIGINEKT respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the DIGINEKT Sites, You agree not to use any DIGINEKT Site to infringe the intellectual property rights of others in any way. DIGINEKT reserves the right to terminate the accounts of any Users, and block access to the DIGINEKT Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. DIGINEKT reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact DIGINEKT as set forth in Section 6 above.
8. DIGINEKT’s Liability.
The DIGINEKT Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. DIGINEKT does not screen or censor the listings, including Profiles offered. DIGINEKT is not involved in, and does not control, the actual transaction between employers and candidates. As a result, DIGINEKT is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and DIGINEKT makes no representations about any jobs, resumes or User Content on the DIGINEKT Sites. While DIGINEKT reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the DIGINEKT Sites from time to time, DIGINEKT does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
DIGINEKT Networking provides a venue for individuals to network for professional and personal purposes and DIGINEKT does not screen or censor the Profiles or User Content on the DIGINEKT Sites. DIGINEKT is not involved in the actual communications between Users. As a result, DIGINEKT has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the DIGINEKT Sites and makes no representations about any Profile or User Content on the DIGINEKT Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the DIGINEKT Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the DIGINEKT Sites.
Because User authentication on the Internet is difficult, DIGINEKT cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any DIGINEKT Site, in the event that You have a dispute with one or more Users, You release DIGINEKT (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The DIGINEKT Sites and the DIGINEKT Content may contain inaccuracies or typographical errors. DIGINEKT makes no representations about the accuracy, reliability, completeness, or timeliness of any DIGINEKT Site or the DIGINEKT Content. The use of all DIGINEKT Sites and the DIGINEKT Content is at Your own risk. Changes are periodically made to DIGINEKT Sites and may be made at any time. DIGINEKT cannot guarantee and does not promise any specific results from use of any DIGINEKT Site. No advice or information, whether oral or written, obtained by a User from DIGINEKT or through or from any DIGINEKT Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 1542, which says: “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.”
DIGINEKT encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall DIGINEKT be liable for the deletion, loss, or unauthorized modification of any User Content.
DIGINEKT does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any DIGINEKT Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, DIGINEKT may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. DIGINEKT has no liability or responsibility to Users for performance or nonperformance of such activities.
9. Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, DIGINEKT DOES NOT WARRANT THAT ANY DIGINEKT SITE OR ANY DIGINEKT SERVICES WILL OPERATE ERROR-FREE OR THAT ANY DIGINEKT SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY DIGINEKT SITE OR THE DIGINEKT CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, DIGINEKT IS NOT RESPONSIBLE FOR THOSE COSTS. THE DIGINEKT SITES AND DIGINEKT CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DIGINEKT, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGINEKT MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DIGINEKT CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
10. Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL DIGINEKT, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY DIGINEKT SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY DIGINEKT SITE AND THE DIGINEKT CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIGINEKT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, DIGINEKT’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY DIGINEKT SITE OR YOUR USE OF THE DIGINEKT CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
12. Links to Other Sites.
The DIGINEKT Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by DIGINEKT of the contents on such third-party Web sites. DIGINEKT is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
13. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any DIGINEKT Site.
You agree to defend, indemnify, and hold harmless DIGINEKT, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any DIGINEKT Site, (ii) Your use of any DIGINEKT Content, or (iii) Your breach of these Terms. DIGINEKT shall provide notice to You promptly of any such claim, suit, or proceeding.
DIGINEKT makes no claims or representations that the DIGINEKT Content may be lawfully viewed or accessed outside of the United States. Access to the DIGINEKT Content may not be legal by certain persons or in certain countries. If You access any DIGINEKT Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any DIGINEKT Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the state of California without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, DIGINEKT’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect DIGINEKT’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the DIGINEKT Sites, a particular “Legal Notice,” or software license or material on particular pages on the DIGINEKT Sites, these Terms constitute the entire agreement between You and DIGINEKT with respect to the use of the DIGINEKT Sites. No changes to these Terms shall be made except by a revised posting on this page.
16. Additional Terms.
17. Mobile Services.
If You use the DIGINEKT Sites through a mobile device, You agree that information about Your use of the DIGINEKT Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the DIGINEKT Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the DIGINEKT Sites using a mobile device, You represent that to the extent You import any of Your DIGINEKT data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your DIGINEKT account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the DIGINEKT Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the DIGINEKT Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the DIGINEKT Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
18. Term and Termination.
These Terms will remain in full force and effect while You are a User of any DIGINEKT Site. DIGINEKT reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the DIGINEKT Sites and immediate termination of Your registration with or ability to access the DIGINEKT Sites and/or any other services provided to You by DIGINEKT, upon any breach by You of these Terms or if DIGINEKT is unable to verify or authenticate any information You submit to a DIGINEKT Site registration. Even after You are no longer a User of the DIGINEKT Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.