TERMS AND CONDITIONS
ACCEPTANCE OF TERMS
This is a Website of Digile Media LLC (“Digile Media”). Use by you of this Website and any other websites operated by Digile Media and its group companies (the “Digile Media Sites”), together with all associated servers (“Servers”) and all of the functions on or in or available from this Website or any other Digile Media Site or the Servers (including, without limitation all chat forums, bulletin boards or other forms of communication) is subject to the following terms and conditions (“Terms and Conditions”) and any other terms and conditions contained on, in or available through a Digile Media Site. The financial statements of Digile Media are prepared for and by applicable US law and the requirements of the US Listing Authority and by the US.
The copyright in the material contained on, in, or available through this Website or any other Digile Media Site or Server excluding the Content (as defined in paragraph 3) but including all other information, data, text, music, sound, photographs, graphics, video messages or other materials and the selection and arrangement thereof, and all source code, software compilations and other material (“Material”) is owned by or licensed to Digile Media or its group companies. All rights are reserved. You do not have any right, interest or title in or to the Material unless otherwise expressly indicated.The trademarks, service marks, and logos (“Trade Marks”) on or in this Website or any other Digile Media Site or Server are registered and owned by or licensed to Digile Media or its group companies. Save as expressly stated, you do not have any right to use, copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit or disseminate the Trade Marks without the prior written consent of Digile Media or the relevant group company. You are permitted to print or download extracts of the Material for your personal use only provided each copy contains a notice that it is owned by or licensed to Digile Media or its group companies. None of the Material may be used for any commercial or public use. Save as expressly stated or as necessary to view, print or download extracts of the Material for personal use, none of the Material may be copied, edited, varied, reproduced, published, displayed, distributed, stored, transmitted, commercially exploited or disseminated in any form whatsoever without the prior written consent of Digile Media or the relevant group company.
THIRD PARTY PRODUCTS, SERVICES AND DOWNLOADS
This Website and other Digile Media Sites or Servers may feature products and services of third parties (“Products and Services”) or contain links to websites operated by third parties (“Third Party Websites”). Digile Media has no influence or control over any such Products or Services or Third Party Website. Unless otherwise stated, Digile Media is not responsible for and does not endorse any Products or Services or any Third Party Website, or its availability or contents. Digile Media is not responsible for any agreement or understanding you enter into with a third party through a Third Party Website and/or in relation to any Products or Services. While Digile Media aims to provide unbiased editorials we wish to disclose that (i) we occasionally receive free products from marketers that we sometimes review or discuss in our editorials, and (ii) we may run advertisements on our sites concerning some of those products or companies that sell them (and other products sold by such companies) for which we sometimes receive compensation, and (iii) we may sell these products within our stores, and (iv) we may use affiliate links to products and or services for which we sometimes receive compensation. Digile Media is a participant in a number of affiliate advertising programs. For instance, we participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
You acknowledge and agree in relation to any downloads which are accessed on or via a Digile Media Site (“Download”) that (i) you have a right of license to such Download, you do not own any intellectual property rights in such Download and your use of such Download may be subject to an applicable end user licence agreement; (ii) you are not permitted to modify, copy, commercially exploit, re¬sell or otherwise use a Download in any way which is contrary to applicable laws or regulations. Your attention is drawn to section 7 of these Terms and Conditions, which you should read carefully before commencing any Downloads.
You agree that when using the Website or any other Digile Media Site or Server you will not: (a) Upload, post or otherwise transmit Content which violates the rights (including, without limitation, the intellectual property rights) of a third party or which is unlawful, harmful, threatening, abusive, argumentative, flaming, hateful, offensive (whether in relation to sex, race, religion or otherwise) harassing, defamatory, vulgar, obscene, indecent, libellous, invasive of another’s privacy or contains any illegal content; (b) Harvest Content or IP addresses or upload, post or otherwise transmit any Content which contains software viruses or any other files or programs that may interrupt, destroy or limit the functionality of this Website or any other Digile Media Site or Server or any networks connected to this Website or any other Digile Media Site or Server or another’s computer, or that contains any chain letters, pyramid¬selling schemes, bulk mail, junk mail or similar; or (c) Upload, post or otherwise transmit any Content for any commercial or business purpose including (without limitation) any Content which contains any advertising or promotional materials; or (d) Restrict or in any way inhibit any person from using this Website or any other Digile Media Site or Server; (e) Upload, post or otherwise transmit any Content which is unnecessary and/or repetitive including any Content which repeats that previously uploaded, posted or transmitted by you or another visitor, unless absolutely necessary; or (f) Upload, post or otherwise transmit any Content to a part of this Website or any other Digile Media Site or Server which is irrelevant to the subject matter or the Content; or (g) Upload, post or otherwise transmit any Content to this Website or any Digile Media Site or Server using an e-mail address provided by a free account service such as hotmail; or (h) Register yourself as a member of this Website or the forum provided through this Website or any Digile Media Site, or to receive any newsletter or other service under more than one user name and/or user account number without the consent of the Website editor or the forum moderator; or (i) Use this Website or any other Digile Media Site or Server in a manner that is inconsistent with these Terms and Conditions and/or any relevant laws and regulations in force from time to time; or (j) Breach the terms of any suspension or ban or seek alternative access.You acknowledge that you are solely responsible for maintaining a secure password to gain access to the member sections of this Website or any other Digile Media Site or Server. You agree to indemnify Digile Media and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of this Website or any other Digile Media Site or Server other than following these Terms and Conditions.
DISCLAIMER / LIABILITY
This Website, any other Digile Media Site or Server and their facilities, Third Party Websites, links to the Third Party Websites, and any Material and Content are provided on an ‘as¬is’ and ‘as available’ basis and use is at your own risk. To the maximum extent permitted by law: (a) Digile Media disclaims all liability whatsoever, whether arising in contract, tort (including negligence) or otherwise in relation to this Website, any other Digile Media Site or Server, Third Party Websites, links to Third Party Websites, Material and Content; and (b) all implied warranties, terms and conditions relating to this Website, any other Digile Media Site or Server, Third Party Websites, links to Third Party Websites, Material and Content (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, merchantability, fitness for purpose or any special purpose, non¬infringement and title are, as between Digile Media and you, hereby excluded. Digile Media makes no representation or warranty that this Website, any other Digile Media Site or Server, and/or any Third Party Websites will be continuous, uninterrupted, secure or error¬free. Digile Media will not be liable, in contract, tort (including, without limitation, negligence), under statute or otherwise, as a result of or in connection with this Website, any other Digile Media Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Digile Media Site or Server or Third Party Website, whether by Digile Media or on its behalf, for any: (a) economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings); or (b) loss of goodwill or reputation; or (c) special or indirect or consequential loss.If Digile Media is liable to you directly or indirectly in relation to this Website, any other Digile Media Site or Server, any Third Party Websites, links to Third Party Websites, the Material, Content, Downloads or any products or services offered on or through this Website or any other Digile Media Site or Server or Third Party Website, that liability (howsoever arising) shall be limited to the sums paid by you in consideration for Digile Media granting you membership to this Website or any other Digile Media site. Nothing in these Terms and Conditions shall be construed as excluding or limiting the liability of Digile Media or its group companies for death or personal injury caused by its negligence or for any other liability which cannot be excluded by English law. This Website is controlled and operated by Digile Media plc from its offices in the UK. Digile Media makes no representation that this website’s material is appropriate or available for use in other locations. Those who choose to access this Website or any Digile Media Site from other locations do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable. Some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the exclusions and limitations in this section 7 may not apply to you in whole or part.
DOWNLOADS: Without limiting the foregoing, you expressly agree that Digile Media, its officers, subsidiaries, employees and/or affiliates shall have no liability whatsoever for the performance of any software product you purchase and/or download through, or via a link from, the Digile Media Sites (“Download”). You expressly acknowledge and agree that use of any Download is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, Downloads are provided “As Is” and without warranty of any kind, and Digile Media and its group companies hereby disclaim all warranties and conditions with respect to the Download, either express, implied or statutory, including (without limitation) the implied warranties and/or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment and non¬infringement of third¬party rights. Digile Media does not warrant against interference with your enjoyment of the Download, that the functions contained in the Download will be continuous, uninterrupted, secure, virus¬free, or error¬free, or that defects in the Download will be corrected. Should the Download prove defective, you assume the entire cost of all necessary servicing, repair or correction.
NO RECOMMENDATION OR INVITATION TO INVEST
No information on this Website constitutes or shall be deemed to constitute an invitation or recommendation to invest or otherwise deal in shares or other securities in Digile Media plc and the information contained herein does not constitute an offer to sell or the solicitation of an offer to buy any such securities. If you are considering an investment you should make your own, independent assessment and take appropriate independent professional advice.
Digile Media reserves the right in its sole discretion to deny you access to this Website or any other Digile Media Site or Server, or any portion thereof, without notice and for any reason including, without limitation, if you fail to comply with any clause 5 (Member Conduct) or any other provision of these Terms and Conditions. In particular, Digile Media may deny you access to this Website or any other Digile Media Site or Server if Digile Media exercises its right to lock any discussion topic to prevent further discussion, following submission of Content relating to that topic by you.
Suppose you take part in any competition which is run on or through this Website or any other Digile Media Site or Server (“Competition”). In that case, you agree to be bound by the Online Competition Rules and any other rules specified by Digile Media from time to time (“Competition Rules”) and by the decisions of Digile Media, which are final in all matters relating to the Competition. Digile Media reserves the right to disqualify any entrant and/or winner in its absolute discretion without notice in accordance with the Competition Rules.
These Terms and Conditions (as amended from time to time) constitute the entire agreement between you and Digile Media concerning your use of this Website or any other Digile Media Site or Server and supersede any previous arrangement, agreement, undertaking or proposal, written or oral between you and Digile Media in relation to such matters.Digile Media reserves the right to update these Terms and Conditions from time to time. If it does so, the updated version will be effective as soon as it is uploaded on to this Website. No other variation to these Terms and Conditions shall be effective unless in writing and signed by an authorised representative on behalf of Digile Media.These Terms and Conditions shall be governed by and construed in accordance with English law and you agree, for the benefit of Digile Media, to submit to the exclusive jurisdiction of the English Courts. Suppose any provision(s) of these Terms and Conditions is held by a court of competent jurisdiction to be invalid or unenforceable. In that case, such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect. Digile Media’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Digile Media in writing.Unless otherwise expressly stated, nothing in the Terms and Conditions shall create any rights or any other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than you, Digile Media and its group of companies.