| By using the Site, you agree
to follow and be bound by the following terms and conditions concerning
your use of the Site ("Terms of Use") and our Privacy Policy. We may
revise the Terms of Use and Privacy Policy at any time without notice
to you. |
1. Use of Web Site Information
You
may download, view, copy and print documents and graphics incorporated
in these documents (the "Documents") from the Site subject to the
following: (a) the Documents may be used solely for personal,
informational, non-commercial purposes; and (b) the Documents may not
be modified or altered in any way. Except where your use constitutes
"fair use" under copyright law, you may not otherwise use, download,
upload, copy, print, display, perform, reproduce, publish, license,
post, transmit or distribute any information from this Web site in
whole or in part without the express authorization of Digitel. |
2. Our Service.
Our web site and services provided to you on
and through our web site on an "AS IS" basis.You agree that the owners
of this web site exclusively reserve the right and may, at any time and
without notice and any liability to you, modify or discontinue this web
site and its services or delete the data you provide, whether
temporarily or permanently. We shall have no responsibilty or liability
for the timeliness, deletion, failure to store, inaccuracy, or improper
delivery of any data or information. |
3. Use of Software
Any
use of software and accompanying documentation you download from the
Site is subject to the terms of a software license agreement between
you and Digitel. You must read the license agreement and indicate your
agreement to its terms prior to installing or using the software. All
rights, title and interest not expressly granted are reserved. |
4. Privacy Policy.
Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy. |
5. Registration and Password.
You
are responsible to maintain the confidentiality of your password and
shall be responsible for all uses via your registration and/or login,
whether authorized or unauthorized by you. You agree to immediately
notify us of any unauthorized use or your registration, user account or
password. |
6. Your Conduct.
You explicitly agree, in using this web site or any service provided, that you shall not:
(a)
provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this web site
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
(b) impersonate or misrepresent your association
with any person or entity, or forge or otherwise seek to conceal or
misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d)
provide or use this web site and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
(e) provide any
Content that may give rise to our civil or criminal liability or which
may consititue or be considered a violation of any local, national or
international law, including but not limited to laws relating to
copyright, trademark, patent, or trade secrets. |
7. Use of Forums and Public Communication
"Forum"
means a discussion group, chat area, bulletin board, news group, letter
to Digitel, its webmaster or employees, or e-mail function offered as
part of the Site. You agree not to upload, email, post, publish or
otherwise transmit through a Forum any content that: (a) is false or
misleading; (b) is defamatory; (c) is harassing or invades another's
privacy, or promotes bigotry, racism, hatred or harm against any group
or individual; (d) is obscene; (e) infringes another's rights,
including but not limited to intellectual property rights; (f)
constitutes unsolicited bulk e-mail, "junk mail," "spam" or chain
letters; or (g) violates any applicable laws or regulations.
Forums shall be used in a
noncommercial manner only. You shall not distribute or otherwise
publish any content containing a solicitation of funds, promotion,
advertising, solicitation for goods or services, or other commercial
matter. You agree not to solicit other users of the Site to use or join
or become members of any commercial online or offline service or other
organization. Except where expressly authorized by Digitel, you agree
not to collect or store personal data about other users.
By uploading, emailing,
posting, publishing or otherwise transmitting content to any Forum or
submitting any content to Digitel, you automatically grant (or warrant
that the owner of such rights has expressly granted) Digiel a
perpetual, royalty-free, irrevocable, nonexclusive right and license to
use, reproduce, modify, adapt, publish, transmit and distribute such
content on in any form, medium, or technology now known or later
developed. In addition, you warrant that all so-called moral rights in
the content have been waived. |
8. Third Party Web Sites, Content, Products and Services
The
Site provides links to Web sites and access to content, products and
services from third parties, including users, advertisers, affiliates
and sponsors of the Site. You agree that Digitel is not responsible for
the availability of, and content provided on, third party Web sites.
You should refer to the policies posted by other Web sites regarding
privacy and other topics before you use them. You agree that Digitel is
not responsible for third party content accessible through the Site,
including opinions, advice, statements and advertisements, and
understand that you bear all risks associated with the use of such
content. If you choose to purchase any products or services from a
third party, your relationship is directly with the third party. You
agree that Digitel is not responsible for: (a) the quality of third
party products or services; and (b) fulfilling any of the terms of your
agreement with the seller, including delivery of products or services
and warranty obligations related to purchased products or services. You
agree that Digitel is not responsible for any loss or damage of any
sort you may incur from dealing with any third party. |
9. Indemnification.
You
agree to indemnify and hold us harmless, our subsidiaries, affiliates,
related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or
demand, including reasonable attorney's fees, that may be made by any
third party, that is due to or arising out of your conduct or
connection with this web site or service, your provision of Content,
your violation of this Terms of Use or any other violation of the rights of another person or party. |
10. DISCLAIMER OF WARRANTIES.
YOU
UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND ANY SERVICES OR
CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO YOU
AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR
EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY
QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow
disclaimers of implied warranties and the above disclaimer may not
apply to you only as it relates to implied warranties. |
11. Limitation of Liability
IN
NO EVENT SHALL DIGITEL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS,
REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN
ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO, OR USE OF, THE
SITE.
SOME JURISDICTIONS DO NOT
ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. |
12. Reservation of Rights.
We
reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our web site, its content, and
the goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our web site or service without our prior written consent. |
13. Applicable Laws
All
matters relating to your access to, and use of, the Site shall be
governed by U.S. federal law or the laws of the State of Delaware. Any
legal action or proceeding relating to your access to, or use of, the
Site shall be instituted in a state or federal court in Wilmington
Delaware. You and Digitel agree to submit to the jurisdiction of, and
agree that venue is proper in, these courts in any such legal action or
proceeding. |
14. Note About Children
Minors are not eligible to use the Site, and we ask that they do not submit any personal information to us. |
15. Export Restrictions/Legal Compliance
You may
not access, download, use or export the Site, or the content, software,
products or services provided on the Site in violation of U.S. export
laws or regulations, or in violation of any other applicable laws or
regulations. You agree to comply with all export laws and restrictions
and regulations of any United States or foreign agency or authority,
and not to directly or indirectly provide or otherwise make available
the services and products of Digitel in violation of any such
restrictions, laws or regulations, or without all necessary approvals,
including, without limitation, for the development, design, manufacture
or production of nuclear, chemical or biological weapons of mass
destruction. As applicable, you shall obtain and bear all expenses
relating to any necessary licenses and/or exemptions with respect to
your own use of the services of Digitel outside the U.S. Neither the
services of Digitel nor the underlying information or technology may be
downloaded or otherwise provided or made available, either directly or
indirectly, (i) into Cuba, Iran, Iraq, Libya, North Korea, Sudan, Syria
or any other country subject to U.S. trade sanctions, to individuals or
entities controlled by such countries, or to nationals or residents of
such countries other than nationals who are lawfully admitted permanent
residents of countries not subject to such sanctions; or (ii) to anyone
on the U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce Department's Table
of Denial Orders. By agreeing to these Terms and Conditions of Use, you
agree to the foregoing and represents and warrants that you are not
located in, under the control of, or a national or resident of any such
country or on any such list. |
16. Miscellaneous Information.
(i) In the event that this Terms of Use
conflicts with any law under which any provision may be held invalid by
a court with jurisdiction over the parties, such provision will be
interpreted to reflect the original intentions of the parties in
accordance with applicable law, and the remainder of this Terms of Use will remain valid and intact; (ii) The failure of either party to assert any right under this Terms of Use
shall not be considered a waiver of any that party's right and that
right will remain in full force and effect; (iii) You agree that
without regard to any statue or contrary law that any claim or cause
arising out of this web site or its services must be filed within one
(1) year after such claim or cause arose or the claim shall be forever
barred; (iv) We may assign our rights and obligations under this Terms of Use and we shall be relieved of any further obligation. | |
