Last Updated: June 6, 2020 — Site Covered: DigitalThink.net
THE AGREEMENT: The use of this website provided by DigitalThink, LLC (hereinafter referred to as “DigitalThink”) is subject to the following Terms & Conditions (hereinafter the “Agreement”), all parts and sub-parts of which are specifically incorporated by reference here. This Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”).
1) Definitions
The parties referred to in this Agreement shall be defined as follows:
- Company, Us, We: DigitalThink
- You: You, as the user of the Website, will be referred to throughout this Agreement as “You”.
- Parties: Collectively, the parties to this Agreement (DigitalThink and You) will be referred to as Parties.
2) Assent & Acceptance
By using the Website, You warrant that You have read and reviewed this Agreement and that You agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. DigitalThink only agrees to provide use of this Website to You if You assent to this Agreement.
3) Age Restriction
You must be at least 18 (eighteen) years of age to use this Website. By using this Website, You represent and warrant that You are at least 18 years of age and may legally agree to this Agreement. DigitalThink assumes no responsibility or liability for any misrepresentation of Your age.
4) License to Use Website
You are granted a limited, non-exclusive, revocable, non-sublicensable, and non-transferable license to access the Website according to this Agreement (“Limited License”).
5) Intellectual Property
This Website contains trademarks, trade dress, servicemarks, copyrights, patents, ideas, processes, video, audio, text, know-how, expressions of ideas, code, algorithms, photos and other content (“Content”). All Content and the derivatives thereof are the property of DigitalThink, its affiliate or licensors. You agree not to reproduce, make available, create derivatives of, copy, publish, translate, download, ghost, take photos of, replicate, transmit, or distribute the Content in any way.
6) Your License Grant to Us
You hereby grant DigitalThink a royalty-free, non-exclusive, perpetual, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content You publish, upload, or otherwise make available to the Website without any attribution rights for any purposes DigitalThink deems reasonable.
7) User Obligations
Not limiting the other obligations of this Agreement, You must:
- Always provide accurate information;
- Notify Us if you reasonably suspect a username or password has been compromised;
- Take appropriate steps to ensure the security of your username, password, and the Website Content;
- Not share any logins you have with any other persons;
- Notify us immediately in the case of any fraud or illicit behavior;
- Taking reasonable actions to protect unauthorized access to this Website.
8) Acceptable Use and Further Use Restrictions
You further agree not to use the Website:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- For any illegal purpose;
- Provide access for unauthorized individuals to this Website;
- To violate any intellectual property rights of DigitalThink or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To create for yourself or any others competing services or goods of DigitalThink;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- To unlawfully gather information about others.
9) Privacy Information
Any Personal Data processed through this Website is subject to our Privacy and Cookies Policy which is hereby incorporated by reference.
10) Services
You may purchase goods and/or services through this Website. Such purchase is subject to its own terms and conditions.
11) No Third-Party Beneficiaries
Nothing in this Agreement should be construed to create rights to any other persons other than the Parties.
12) Indemnification
You agree to defend and indemnify DigitalThink and any of its affiliates and hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website, Your breach of this Agreement, or Your negligent or unauthorized conduct or actions.
13) Third-Party Links & Content
DigitalThink may occasionally post links to third party websites or other services. You agree that DigitalThink is not responsible or liable for any loss or damage caused as a result of Your use of any third-party services linked to from Our Website.
14) Modification & Variation
DigitalThink may from time to time modify this Agreement. You agree that DigitalThink has the right to modify this Agreement or revise anything contained herein.
15) Entire Agreement
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this Website.
16) Term, Termination & Suspension
DigitalThink reserves the right to terminate this Agreement and/or suspend your access to the Website if You violate any of the terms outlined herein.
17) No Warranties
You agree that Your use of the Website is at Your sole and exclusive risk and provided on an “As Is” basis. DigitalThink expressly disclaims any and all express or implied warranties of any kind.
18) Limitation on Liability
DigitalThink is not liable for any damages that may occur to You as a result of Your use of the Website, to the fullest extent permitted by law.
19) General Provisions
- a) Language: All communications shall be in the English language.
- b) Jurisdiction: Laws of the State of Wyoming shall govern any matter or dispute relating to this Agreement.
- c) Arbitration: In case of a dispute, the Parties shall submit to binding arbitration. Intellectual property claims by DigitalThink will not be subject to arbitration.
- d) Assignment: This Agreement may not be assigned by You.
- e) Severability: If any part is held invalid, the remaining parts will be enforced to the maximum extent possible.
- f) No Waiver: Failure to enforce any provision shall not constitute a waiver of future enforcement.
- g) Headings: Headings are for convenience only.
- h) No Agency: No agency, partnership, or joint venture has been created between the Parties.
- i) Force Majeure: DigitalThink is not liable for any failure to perform due to causes beyond its reasonable control.
- j) Electronic Communications: Electronic communications are permitted. For questions, email: info@digitalthink.net.