|Welcome to Digital Goods Delivery|
PART I: TERMS APPLICABLE TO ALL OF Digital Goods Delivery
Digital Goods Delivery is made up of Web sites and Web pages operated by Adam Stewart. These Web sites, Web pages, products and services will be collectively referred to in this Agreement as "Digital Goods Delivery" or the "Digital Goods Delivery System." "You" means You, Your company, Your employees, and anyone who has access to use Your Digital Goods Delivery account. You must be at least eighteen (18) years of age to subscribe to and use any Digital Goods Delivery service or product.
The general provisions in Part I of these Terms of Service apply to the Digital Goods Delivery System and to all of the products and services provided through the Digital Goods Delivery System. The provisions in Part II of these Terms of Service are additional provisions that apply to the particular Digital Goods Delivery product(s) or service(s) described in each section of Part II. Each applicable Digital Goods Delivery Web site, product or service may have other posted guidelines or rules (the "Additional Terms"). All such Additional Terms are incorporated by reference into these Terms of Service.
The Digital Goods Delivery System is offered to You on the condition that You accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout the Digital Goods Delivery System and abide by them if You choose to use the sites, or accept the products, services or benefits, to which such terms apply. Adam Stewart and Digital Goods Delivery reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If You continue to use the Digital Goods Delivery System after any such changes, Your continued use will constitute Your consent to such changes. Adam Stewart does not and will not assume any obligation to notify You of any changes to the Terms of Service or Additional Terms.
Any rights not expressly granted herein are reserved by Adam Stewart and Digital Goods Delivery. In addition Your registration information and other information about You is subject to our Privacy Statement located at http://www.Digital Goods Delivery/privacy.html
If You do not have print capability or otherwise desire to obtain a hard copy of these Terms of Service, please send an email to firstname.lastname@example.org requesting a hard copy. You may also click on the link to "Terms of Service" at the bottom of the main page of the Digital Goods Delivery website for copy of these Terms of Service, which may be printed and saved through the printing and saving capability of your browser and printer.
You represent and warrant that:
You and all users of the Digital Goods Delivery System approved by you are at least eighteen (18) years of age; You have the legal capacity and authority to; (a) enter into binding contracts for the sale and purchase of goods and services, (b) be bound by these Terms of Service and the Additional Terms, (c) to subscribe to and use the Digital Goods Delivery service, including, where applicable, the buying, selling and listing of items, in accordance with these Terms of Service and any Additional Terms and (d) if you are acting in a corporate capacity, to bind Your company; You will not use the Digital Goods Delivery System for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time); All information supplied by You or by others using Your account is true and accurate, including information submitted as part of the registration and subscription process; Any products or services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and You have and control all of the intellectual property, proprietary and similar rights necessary for all material located on Your Web Site, all submissions, and all products and services sold or otherwise distributed by You or on Your behalf via Your Web Site.
By using the Digital Goods Delivery System, You agree that You will defend and indemnify Adam Stewart, Digital Goods Delivery and their suppliers from any third party claim related to a breach of any of the foregoing warranties.
LIMITATIONS ON YOUR USE OF THE Digital Goods Delivery System
The Digital Goods Delivery System is provided to assist You with the operation of Your business. Your right to use the Digital Goods Delivery System is limited to You, and Your company and its employees. You are solely responsible for Your content and Your Web site and your Digital Goods Delivery account. Adam Stewart and Digital Goods Delivery reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. Adam Stewart and Digital Goods Delivery reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, services or benefits obtained from the Digital Goods Delivery System, except as expressly provided herein.
You may not use a name in connection with operating Your Digital Goods Delivery Web site that is confusing or misleading to participants, or otherwise impersonate or deceive participants with respect to Your identity.
You may not restrict or inhibit any other user from using and enjoying such user's rights in Digital Goods Delivery.
You may not interfere with or disrupt the Digital Goods Delivery System or servers or any network connected to Digital Goods Delivery.
You may not use the Digital Goods Delivery System or the products or services provided through or in connection with the Digital Goods Delivery System to:
rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party; defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person; conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including "spamming") or multi-level or illegal marketing campaigns; harm minors in any way; publish, post, distribute, disseminate, advertise or link to any: (i) content, site, topic, name, material or information which is defamatory, libelous, slanderous, or infringing; (ii) software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials; (iii) software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another's computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs; (iv) software, content, other material or Web site that constitutes "hate speech", whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group; sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party's rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent; Nazi memorabilia; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods or activities that if sold via any Digital Goods Delivery services or Your Web site would cause Adam Stewart or Digital Goods Delivery to violate any law, statute or regulation; or any other illegal activity; harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; violate any applicable government laws or regulations. You may not reproduce or redistribute any Software, as that term is defined in the Section entitled "Software Available on the Digital Goods Delivery System." You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in the Digital Goods Delivery System, or in any product, service or Software provided through the Digital Goods Delivery System.
The information provided by Digital Goods Delivery to You may be proprietary in nature. You agree not to share any information provided to You by or on behalf of Digital Goods Delivery with any third party.
If You notify Adam Stewart or Digital Goods Delivery in writing that You are canceling one or more Digital Goods Delivery services or products, fees pre-paid by You to Digital Goods Delivery for Digital Goods Delivery products or services will be credited back to Your applicable credit card, bank account, or PayPal account. Digital Goods Delivery is not required to refund directly to You any amounts paid hereunder. It is Your responsibility to notify Digital Goods Delivery if Your payment information has changed or has expired and to make appropriate changes or Your service may be disconnected or interrupted.
In the event that Adam Stewart or Digital Goods Delivery terminates Your Digital Goods Delivery account or one or more of Your Digital Goods Delivery services for violation of these Terms of Service or the Additional Terms, You will not be entitled to the return of any fees paid with respect to any such terminated account service.
CHANGES TO SERVICES, TERMINATION BY Digital Goods Delivery
Adam Stewart or Digital Goods Delivery may terminate Your account, Your access to Digital Goods Delivery or any of Your Digital Goods Delivery services (in whole or in part) at any time, with or without cause, and with or without notice. You may be barred from accessing any of Your Digital Goods Delivery services or from using the Digital Goods Delivery System or from receiving any products, services or benefits from Digital Goods Delivery, if Adam Stewart or Digital Goods Delivery determines You have violated these Terms of Service or any Additional Terms, if You have failed to remit any applicable subscription fees when due, if any representation or warranty made by You is untrue in any respect or if Adam Stewart or Digital Goods Delivery receives a court order or other legal action relating to Your account. In addition, if You violate any of these Terms of Service, or any applicable Additional Terms You will forfeit all in-kind credits and any other amounts accruing to You (if any) in connection with the Digital Goods Delivery System and there will be no refund of any fees prepaid by You. If You subscribe to a Digital Goods Delivery service which is made up of two or more individual services and You violate the Terms of Service applicable to one of such individual services, (1) your use of the particular individual service will be terminated, but the remaining services will remain active and (2) there will be no refund (in whole or in part) of Your subscription fee for the Digital Goods Delivery service terminated. You will be responsible for all fees incurred during Your subscription and payment of such fees shall be due immediately upon termination of Your subscription.
LINKS TO THIRD PARTY SITES
LICENSE YOU GRANT TO Digital Goods Delivery
You grant Adam Stewart and Digital Goods Delivery to use screen shots of any Web page that contains a link to Digital Goods Delivery or Digital Goods Delivery HTML code and warrant that You have sufficient authority to grant the foregoing rights.
SOFTWARE AVAILABLE ON THE Digital Goods Delivery System
LIMITATIONS OF LIABILITY AND DISCLAIMERS
Your access to and use of the Digital Goods Delivery System, and products and services of Digital Goods Delivery, is at Your own risk. Adam Stewart or Digital Goods Delivery makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Digital Goods Delivery System, or such products or services. Without limiting the foregoing, NEITHER Digital Goods Delivery NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED IN Digital Goods Delivery FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. Digital Goods Delivery AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL Digital Goods Delivery OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF Digital Goods Delivery OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE Digital Goods Delivery OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH Digital Goods Delivery; OR OTHERWISE ARISING OUT OF THE USE OF Digital Goods Delivery, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Adam Stewart, Digital Goods Delivery OR ANY OF their SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF Digital Goods Delivery, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Digital Goods Delivery System AND ITS RELATED SERVICES AND PRODUCTS. Without limiting the foregoing, Adam Stewart or Digital Goods Delivery are not responsible for any of Your data residing on Adam Stewart's and Digital Goods Delivery's System hardware or systems, including such hardware or systems provided to Digital Goods Delivery by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the Digital Goods Delivery hardware or systems, including such hardware or systems provided to Digital Goods Delivery by third parties, whether or not such information is produced through the use of Digital Goods Delivery, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Digital Goods Delivery System. It is Your responsibility to take the necessary steps to ensure Your primary means of business is maintained. Adam Stewart or Digital Goods Delivery will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to: (a) Your use of the Digital Goods Delivery System, its services or products; (b) Your customers' use of Your Web site hosted by or created through Digital Goods Delivery and Your products and services; (c) use of the Digital Goods Delivery System by any other party to whom You have given access to Your company information for use of the Digital Goods Delivery System; (d) errors, bugs or other defects in the Digital Goods Delivery System; (e) lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.); (f) illegal or criminal activities, including but not limited to reliance on any information obtained on the Digital Goods Delivery Web Hosting service; or (g) or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to Digital Goods Delivery's records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the Digital Goods Delivery System.
Adam Stewart or Digital Goods Delivery is not liable for Your actions with Your customers or vendors, or the use of their information, or for any other actions arising from Your use, or the use of other parties to whom You have given access to Your Digital Goods Delivery information, through the use of the Digital Goods Delivery System.
Adam Stewart and Digital Goods Delivery is not involved in any transaction between You and Your buyer or seller or other third parties with whom you may have transactions through Your Web site or between You and any user of any products or services offered or provided by You or by a third party through the Digital Goods Delivery System. Digital Goods Delivery is not responsible for screening, censoring or otherwise controlling Your Web Site, or any listings or transactions offered or conducted via Your Web Site. You are deemed to have a direct commercial relationship with each third party that purchases goods or services from or undertakes any other transaction with You via Your Web site or through Digital Goods Delivery. Digital Goods Delivery is not acting as Your or any third party's agent in connection with the operation of Digital Goods Delivery. You are solely responsible for: (a) processing customer orders or other transactions; (b) verifying the validity of incoming customer orders before finalizing the order; (c) informing customers of the status of such orders or transactions; (d) providing all customer support related to such orders or transactions (e.g., lost orders, billing disputes, payments, etc.); and, (e) determining, collecting and remitting to the appropriate authority all taxes (if any) arising from or related to such orders or transactions. Further, because Digital Goods Delivery is not involved in any orders or other transactions between You and other users of Digital Goods Delivery or other marketplace forums, Digital Goods Delivery cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transactions or the purchase or sale of listed goods or otherwise.
Unless otherwise expressly stated in these Terms of Service, Your payments for orders or transactions conducted via Your Web Site or on any Digital Goods Delivery service will be paid to You directly from Your designated acquiring bank, customers or other appropriate source ("payor"). Digital Goods Delivery is not responsible for such payment, and will have no liability for any lost, disputed or fraudulent payment or tenders of payment, or other disputes arising between You and customers or payors. Digital Goods Delivery makes no guarantee about the reliability or accuracy of these products or services, or the results obtained from using Digital Goods Delivery.
ACCESS RESTRICTION; ACCOUNT SECURITY AND PASSWORDS
You are responsible for safeguarding the confidentiality of Your account information (including password(s) and user name(s) issued to You) and for any use or misuse of Your account or the Digital Goods Delivery System resulting from any third party using a password or user name issued to You. You agree to notify Digital Goods Delivery immediately of any known or suspected unauthorized access to or use of Your account, Your password, the password of any individual user to whom You have issued a login ID or any other breach of security or misuse of the Digital Goods Delivery System known to or suspected by You. You may change Your password at any time by following instructions on the Digital Goods Delivery Web site.
You hereby authorize Digital Goods Delivery to rely on any data, notice, instruction or request furnished by You to Digital Goods Delivery, or that Digital Goods Delivery reasonably believes to have been furnished by You. You are solely responsible for maintaining the confidentiality of Your account information and monitoring usage of Your account. Digital Goods Delivery is not responsible for fraud of participants or of other users of your account.
YOUR CUSTOMER DATA
You agree that no joint venture, partnership, employment, or agency relationship exists between You and Digital Goods Delivery as a result of these Terms or Service or use of Digital Goods Delivery.
Digital Goods Delivery's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of Digital Goods Delivery's right to comply with governmental, court and law enforcement requests or requirements relating to Your use of the Digital Goods Delivery System or information provided to or gathered by Digital Goods Delivery with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
Unless otherwise specified herein, these Terms of Service, the Additional Terms and the Privacy Statement constitute the entire agreement between the user and Digital Goods Delivery with respect to the Digital Goods Delivery System and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Digital Goods Delivery with respect to the Digital Goods Delivery System.
A printed version of these Terms of Service and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Service to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
The example companies, organizations, products, people and events depicted within Digital Goods Delivery are fictitious. No association with any real company, organizations, product, person or event is intended or should be inferred.
Adam Stewart and Digital Goods Delivery is not obligated to monitor the content on Digital Goods Delivery. Adam Stewart and Digital Goods Delivery reserves the right to disclose any information, content, or materials as necessary to satisfy any applicable law, regulation, legal process or government request or in accordance with Digital Goods Delivery's Privacy Statement. Digital Goods Delivery reserves the right to edit, refuse to post or to remove any information, content, or materials, in whole or in part, from the Digital Goods Delivery Web sites, in Adam Stewart's or Digital Goods Delivery's sole discretion, without notice at any time.
Any rights not expressly granted herein are reserved by Adam Stewart and Digital Goods Delivery, including all legal and equitable remedies available to Adam Stewart and Digital Goods Delivery or violation of any of these Terms of Service.
COPYRIGHT AND TRADEMARK NOTICES
Any rights not expressly granted herein are reserved by Digital Goods Delivery.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
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