Terms and Conditions
TERMS OF USE
ACCEPTANCE OF TERMS
Digital Transformations Inc., Inc., a New York corporation (“Digital Transformations Inc.”), makes this website (the “Site”), including all information, articles, documents, communications, files, text, graphics, software, and products available through the site (collectively, the “Materials”) and all services operated by Digital Transformations Inc. and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that Digital Transformations Inc. may publish from time to time (collectively, the “Terms of Use”).
By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, or merely browsing the Site, you agree to and are bound by the Terms of Use.
Digital Transformations Inc. reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.
DEFINED TERMS
All user-supplied information, articles, User Pages and their contents, materials, files, communications, and documents are referred to collectively as “User Content.” “Digital Transformations Inc. Content” means all Materials provided by Digital Transformations Inc.. User Content, and Digital Transformations Inc. Content may have different restrictions and conditions associated with them.
TYPES OF USERS
This website accommodates two types of users: (1) Site visitors who wish to view articles relating to consumer products; and (2) authors wishing to submit articles relating to consumer products. Please be aware that certain activities on this Site, such as submitting articles for review, are available only to Site Members. Members may be required to create a profile and provide certain information, such as an email address.
A user who submits an article for review is entitled to insert into the user’s article two text links subject to the terms and conditions of this Terms of Use. When an article is submitted for review, other Site users may review and rank the article. An article that receives the prescribed ranking from Site users will be flagged for submission, at which point the article will be viewable by all Site visitors. Users reviewing and ranking others’ articles will receive “credits” for such reviews, and shall have the option of using such credits to expedite the process for the submission of their own articles.
The terms and conditions expressed in this agreement apply to all users and visitors of this Site.
INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS
The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, Digital Transformations Inc. and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.
In addition to the Materials and Services offered by Digital Transformations Inc., this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. Digital Transformations Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services, including any liability resulting from incompatibility between the Third Party Services and the Materials and Services offered by Digital Transformations Inc.. You agree that you will not hold Digital Transformations Inc. responsible or liable with respect to the Third Party Services or seek to do so.
Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the Digital Transformations Inc. Content and User Content available on this Site subject to the following conditions:
1 The Digital Transformations Inc. Content and User Content may be used solely for personal, informational, and internal purposes.
2 The Digital Transformations Inc. Content and User Content may not be modified or altered in any way.
3 The Digital Transformations Inc. Content and User Content on the Site may not be distributed or sold, rented, leased, or licensed to others.
4 You may not remove any copyright or other proprietary notices contained in the Digital Transformations Inc. Content and User Content.
5 Digital Transformations Inc. reserves the right to revoke the authorization to view, download, and print the Digital Transformations Inc. Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from Digital Transformations Inc..
6 The rights granted to you constitute a license and not a transfer of title.
The rights specified above to view, download, and print the Digital Transformations Inc. Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.
TRADEMARK INFORMATION
The trademarks, logos, and service marks (“Marks”) displayed on this Site are the property of Digital Transformations Inc. or other third parties. You are not permitted to use the Marks without the prior written consent of Digital Transformations Inc. or such third party that may own the Marks.
LICENSE TO DIGITAL TRANSFORMATIONS INC. FOR USER CONTENT
Certain Services offered through this Site accommodate or require User Content, such as in the form of article submissions. Depending upon the nature of the Service, by submitting User Content to this Site you grant Digital Transformations Inc. the following license:
For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant Digital Transformations Inc. a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration only) and reproduce such User Content. You also grant Digital Transformations Inc. the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site.
PROHIBITED COMMUNICATIONS
You may submit only User Content or Project Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.
USER CONDUCT
In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from Digital Transformations Inc.; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
MANAGING CONTENT AND COMMUNICATIONS
Digital Transformations Inc. reserves the right, in its sole discretion, to delete or remove any User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. Digital Transformations Inc. may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, Digital Transformations Inc. will have no liability related to User Content. Digital Transformations Inc. disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content.
WARRANTIES AND DISCLAIMERS
Except as expressly provided otherwise in a written agreement between you and Digital Transformations Inc. or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, Digital Transformations Inc. makes no warranty that (i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Products, Services, or Materials obtained or accessible by you through the Site, either directly or through third-party links, will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.
This Site could include technical or other mistakes, inaccuracies, or typographical errors. Digital Transformations Inc. may make changes to the Materials and Services at this Site at any time without notice. The Materials or Services at this Site may be out of date, and Digital Transformations Inc. makes no commitment to update such Materials or Services.
You understand and acknowledge that (i) Digital Transformations Inc. does not control, endorse, or accept responsibility for any content, products, or services offered by third parties through the Site, including, without limitation, third party vendors and third parties accessible through links on the Site; (ii) Digital Transformations Inc. makes no representation or warranties whatsoever about any such third parties, their content, products, or services; (iii) any dealings you may have with such third parties are at your own risk; and (iv) Digital Transformations Inc. shall not be liable or responsible for any content, products, or services offered by third parties.
The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Digital Transformations Inc. assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from Digital Transformations Inc. or through or from the Site shall create any warranty not expressly stated in these Terms of Use.
PERSONAL INFORMATION AND PRIVACY
Except as otherwise expressly set forth herein, your personal information will be deemed to be confidential and will be treated accordingly as outlined in our Privacy Policy. Any non-personal information or material sent to Digital Transformations Inc. will generally be deemed to NOT be confidential. In any case, you understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of Digital Transformations Inc. or others.
LIMITATION OF LIABILITY
In no event, including, without limitation, negligence, shall Digital Transformations Inc., its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not Digital Transformations Inc. has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with vendors or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.
INDEMNITY AND LIABILITY
You agree to indemnify and hold Digital Transformations Inc., and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site (including, without limitation, any User Content or computer viruses), your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.
GOVERNING LAW AND JURISDICTION
This Site (excluding linked sites) is controlled by Digital Transformations Inc. from its offices within the state of New York, United States of America. By accessing this Site, you and Digital Transformations Inc. agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of New York, without regard to the conflicts of laws principles thereof.
Any dispute relating in any way to your visit to this Site shall be submitted to confidential arbitration in New York, New York, except that, to the extent you have in any manner violated or threatened to violate Digital Transformations Inc.’s intellectual property rights, Digital Transformations Inc. may seek injunctive or other appropriate relief in any state or federal court in the state of New York, and you consent to exclusive jurisdiction and venue in such courts.
Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
GENERAL
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between Digital Transformations Inc. and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Digital Transformations Inc. to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision.