(A) Governing Terms. This website, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, (collectively “DigitFreak.com” or “Site”) is an interactive on-line service operated by DigitFreak Media, Inc. (“DigitFreak”).
(B) Changes to Terms of Service. DigitFreak may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of DigitFreak.com after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
(C) Changes to Site. DigitFreak may change or discontinue any aspect, service or feature of DigitFreak.com at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.
(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of DigitFreak.com and all charges related to the same.
2. Community Guidelines & User Content
(A) Interactive Areas. DigitFreak.com may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on DigitFreak.com, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and DigitFreak.
(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with DigitFreak.com, you agree to abide by the following rules of conduct:
• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without DigitFreak’s express prior approval, User Content which contains advertising or any solicitation with respect to products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any DigitFreak employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user’s right to privacy, including by harvesting or collecting personally-identifiable information about DigitFreak.com users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt DigitFreak.com or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of DigitFreak.com, use of DigitFreak.com, or access to DigitFreak.com;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by DigitFreak, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on DigitFreak.com;
• You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by DigitFreak.com;
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by DigitFreak.
Any conduct that in DigitFreak’s sole discretion restricts or inhibits anyone else from using or enjoying DigitFreak.com will not be permitted. DigitFreak reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. DigitFreak is not responsible for User Content submitted to DigitFreak.com or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of DigitFreak.com.
(C) Monitoring. DigitFreak shall have the right, but not the obligation, to monitor User Content posted or uploaded to DigitFreak.com to determine compliance with these Terms of Service and any operating rules established by DigitFreak and to satisfy any law, regulation or authorized government request. Although DigitFreak has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to DigitFreak.com, DigitFreak reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to DigitFreak.com at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.
(D) License to User Content. By submitting User Content to DigitFreak.com, you automatically grant DigitFreak and its parent company, Cable News Network, Inc., the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant DigitFreak the right to pursue at law any person or entity that violates your or DigitFreak’s rights in the User Content by a breach of these Terms of Service.
(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by DigitFreak or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release DigitFreak, and its licensees, successors and assigns, from any claims that you could otherwise assert against DigitFreak by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.
3. Copyright Ownership.
DigitFreak.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of DigitFreak.com are copyrighted as a collective work under the Indian copyright laws. DigitFreak owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of DigitFreak and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third Party Content.
DigitFreak is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of DigitFreak.com, are those of the respective author(s) or distributor(s) and not of DigitFreak. Neither DigitFreak nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through DigitFreak.com represents the opinions and judgments of the respective user or information provider not under contract with DigitFreak. DigitFreak neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on DigitFreak.com by any third party. Under no circumstances will DigitFreak be liable for any loss or damage caused by your use or reliance on information obtained through DigitFreak.com. DigitFreak is not responsible for any actions or inaction on your part based on the information that is presented on DigitFreak.com. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through DigitFreak.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
5. Advertisements and Promotions
* DigitFreak may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than DigitFreak, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. DigitFreak is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
* Advertisement once set live on DigitFreak.com and its or any other website through DigitFreak Media Inc. campaign, will not/can not be withdrawn. DigitFreak may work with the multiple websites to serve the advertisement of the related party and will only act as the mediator, For which DigitFreak Media Inc. cannot be held liable.
* You have to make full payment within 7 days after the advertisement/campaign is live on the website.
* Please contact us at http://www.digitfreak.com/contact for more information on advertisement campaign and related terms and conditions.
Advertising: Terms and Conditions
1. DigitFreak Media Inc. accepts publication of advertisements on the terms and conditions set out below (“Terms”).
2. These Terms apply to advertisements in the DigitFreak, advertisements on www.DigitFreak.com, and the DigitFreak Ad Network (“Websites”) and inserts (together “Advertisements”).
3. By placing an order, the Advertiser (which is the person placing the order for the Advertisement whether they are the advertiser of the product or service referred to in the Advertisement or the advertising agency or media buyer for such advertiser) accepts and agrees to be bound by these Terms in full.
Content and Delivery of Advertisements
4. Materials for an Advertisement must be provided no later than the deadline specified in the appropriate rate card and, for Advertisements on the Websites.
5. DigitFreak Media Inc. may, without any responsibility to the Advertiser, reject, cancel or require any Advertisement to be amended that it considers unsuitable or contrary to these Terms and remove, not print, suspend or change the position of any such Advertisement. DigitFreak Media Inc. may refuse to publish any Advertisement for any Advertiser who has not paid any sums due for any advertising in any of the Websites. The Advertiser will remain responsible for all outstanding charges.
6. The publication of an Advertisement by DigitFreak Media Inc. does not mean that DigitFreak Media Inc. accepts the Advertisement has been provided in accordance with these Terms or that DigitFreak Media Inc. has waived its rights under these Terms.
7. The Advertiser guarantees to DigitFreak Media Inc. that:
(i) any information supplied in connection with the Advertisement is accurate, complete, true and not misleading;
(ii) it has obtained the consent of any living person whose name or image (in whole or in part) is contained in any Advertisement;
(iii) the Advertisements are legal, decent, honest and truthful, are not contrary to the provisions of any applicable law, regulation or code of practice (including the British Code of Advertising, Sales Promotion and Direct Marketing and all other codes under the general supervision of the Advertising Standards Authority – see www.asa.org.uk/asa/codes/cap_code are not libellous or obscene and do not infringe the rights of any person (including any person’s intellectual property rights);
(iv) the Advertisement will not be prejudicial to the image or reputation of DigitFreak Media Inc. or the Websites or the ; and
(v) all Advertisements submitted for publication online will be free of any viruses and no Advertisement will cause an adverse effect on the operation of the Website(s).
8. Where the Advertiser is an advertising agency or media buyer, the Advertiser guarantees that it is authorised by the advertiser of a product or service to place the Advertisement with DigitFreak Media Inc. and the Advertiser will compensate DigitFreak Media Inc. for any claim made by such advertiser against DigitFreak Media Inc..
9. All Advertisements are accepted on the basis that they will be paid for at the applicable rates set out in the applicable rate card on the date of publication. DigitFreak Media Inc. may change its rates at any time. Any changes to the rates will take effect immediately. However, any changes to the applicable rates will not apply to any orders made prior to the date of such change.
10. All sums payable to DigitFreak News & Media Ltd (DigitFreak Media Inc.) should be made in accordance with DigitFreak Media Inc. Financial Terms & Conditions which are: All new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. DigitFreak Media Inc.’s standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the Standard Payment Terms must be agreed by the DigitFreak Media Inc. Accounts Receivable Team Leader.
11. In the event of any disagreement regarding the number of impressions served, the Advertiser agrees that the figures provided by doubleclick or in the case of rich media, the third party provider such as TangoZebra or Eyeblaster, will be final and binding.
12. DigitFreak Media Inc. agrees that all Advertisements will be targeted at individuals in the country unless otherwise stated at the time of booking.
13. Where non-US targeting is required, DigitFreak Media Inc. will endeavour to target the Advertisement at individuals in the country or countries specified at the time of booking.
14. DigitFreak Media Inc. cannot guarantee the number of impressions. In the event the number of impressions during the campaign period is less than the impressions booked by the Advertiser, DigitFreak Media Inc. shall continue to serve the Advertisements after the end of the campaign period until the number of booked impressions is reached.
15. In the event advertising copy is received after midday on the day before an Advertisement is due to be published, the number of impressions booked will be reduced on a pro rata basis for every 24 hours that the copy for the Advertisement is supplied after this deadline. For example, if copy is provided 2 days late for a campaign that is due to serve 100,000 banners in a 10-day period, the number of impressions will be reduced by 20,000. There will be no reduction in the fee payable.
DigitFreak Ad Network
16. DigitFreak Media Inc. does not guarantee that Advertisements booked to appear on the DigitFreak Ad Network will appear on every site on the DigitFreak Ad Network or that impressions will be spread evenly across the sites or that the Advertisement will appear on a particular site (unless DigitFreak Media Inc. agrees in writing with the Publisher to publish the Advertisement on a particular site).
Data Collecting on DigitFreak.com
17. Where an Advertiser wishes to drop cookies on users’ computers or use pixels, web beacons or other data collecting technology (the “Data Collecting Technology”) for the purpose of displaying or providing advertising on DigitFreak.com and tracking impressions and related data, it shall notify DigitFreak Media Inc. in advance of booking an Advertisement and provide all information requested by DigitFreak Media Inc. regarding such Data Collecting Technology.
18. If DigitFreak Media Inc. authorizes the Advertiser to use Data Collecting Technology, DigitFreak Media Inc. will provide written authorisation within the Insertion Order and Advertiser agrees to use such Data Collecting Technology and all data collected from it solely in the manner disclosed to DigitFreak Media Inc..
20. Occasionally, DigitFreak Media Inc. cannot distribute the number of Inserts agreed with the Advertiser on a specific day due to changes in the print run. Where this happens, DigitFreak Media Inc. will distribute all ‘overs’ at the next suitable opportunity (usually the next day or next available date arranged with the print sites). The Advertiser will be liable for the full cost of the Insert order. In no event will DigitFreak Media Inc. be liable for loss arising from failure to insert or any errors in the insertion of Inserts
Liability of DigitFreak Media Inc.
21. DigitFreak Media Inc. accepts no responsibility for any interruption or delay the Advertiser experiences in delivering any Advertisement copy to DigitFreak Media Inc. or any loss or damage to any Advertisement copy or any other materials. The Advertiser guarantees that it has retained sufficient quality and quantity of all materials supplied to DigitFreak Media Inc..
22. DigitFreak Media Inc. shall use its reasonable endeavours to reproduce Advertisements as provided by the Advertiser but cannot guarantee that the Advertisement will be of the same quality.
23. Advertisements normally appear in all editions of a Newspaper but DigitFreak Media Inc. reserves the right to omit certain Advertisements from the European editions.
24. DigitFreak Media Inc. will not be responsible for any additions to, changes in, deletions from, delays in publication or withdrawal of any Advertisements required by any authority having responsibility for the regulation of online or press advertising (including the Advertising Standards Authority).
25. DigitFreak Media Inc. cannot guarantee the time, dates and/or position of Advertisements and all such decisions will be at the sole discretion of DigitFreak Media Inc.. However, DigitFreak Media Inc. will use reasonable efforts to comply with the wishes of the Advertiser.
26. If a booked Advertisement is not published at all solely due to a mistake on DigitFreak Media Inc.’s part, DigitFreak Media Inc. will try to offer an alternative publication date(s). If the alternative date(s) is not accepted, the original booking will be cancelled and the Advertiser shall be entitled to a full refund if the Advertiser has paid in advance for the Advertisement. This shall be the Advertiser’s sole remedy for failure to publish the advertisement.
27. If the Advertisement as reproduced by DigitFreak Media Inc. contains a substantial error solely due to a mistake on DigitFreak Media Inc.’s part, DigitFreak Media Inc. shall, on request, re-publish the Advertisement at no additional cost to the Advertiser. DigitFreak Media Inc. shall not be responsible for repetition of errors and it is the Advertiser’s responsibility to inform DigitFreak Media Inc. of any errors and provide any necessary assistance to DigitFreak Media Inc. to prevent a repeat of the error.
28. DigitFreak Media Inc. shall not be responsible, under any circumstances, for any loss of profit, loss of opportunity, loss of goodwill, loss of anticipated saving, loss of revenue and/or any other loss which happens as a side effect of the main loss suffered by the Advertiser or any loss which could not be contemplated by DigitFreak Media Inc. and the Advertiser, and DigitFreak Media Inc.’s maximum total liability for any loss or damage arising out of or in relation to any Advertisement whether in contract, tort or otherwise shall not exceed the total amount of the charges for the relevant Advertisement actually paid by or on behalf of the Advertiser.
29. In respect of Advertisements on the Websites, DigitFreak Media Inc. does not guarantee continuous, uninterrupted access by users of the Websites but will use reasonable efforts to provide this (except for websites that make up the DigitFreak Ad Network over which DigitFreak Media Inc. has no control). In addition, DigitFreak Media Inc. will not be responsible for any failure or delay affecting production or publication of any Newspaper or the transmission of the Websites and any Advertisements contained in them, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of DigitFreak Media Inc..
30. DigitFreak Media Inc. is not responsible for the content or operation of sites that make up the DigitFreak Ad Network.
31. For the avoidance of doubt, nothing in these Terms will limit or exclude DigitFreak Media Inc.’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
32. Nothing in these terms and conditions shall affect the statutory rights of an Advertiser who is a consumer.
Liability of the Advertiser
33. The Advertiser will fully reimburse DigitFreak Media Inc. for all claims, losses or expenses arising as a result of any breach or failure to perform of any of these Terms and/or the use or publication of the Advertisement by DigitFreak Media Inc. in accordance with these Terms.
34. DigitFreak Media Inc. owns the copyright in all Advertisements written or designed by it or on its behalf.
35. The Advertiser grants DigitFreak Media Inc. the right (free of charge) to:
(i) use such of the Advertiser’s names, trade marks and/or logos as DigitFreak Media Inc. may consider necessary for the purposes of publishing the Advertisements;
(ii) reproduce the Advertisement in any media at any time from the date the Advertisement was last published in the for promotional purposes. For the avoidance of doubt, the content, layout and format of any Website or Newspaper will be subject to variation at DigitFreak Media Inc.’s sole discretion.
36. The cancellation period for an Advertisement varies according to the publication. The Advertiser should refer to the relevant rate card at www.DigitFreak.com/advertise. The Advertiser may cancel an Advertisement provided that notice in writing is received by DigitFreak Media Inc. within the relevant cancellation period. Please send notice of your intention to cancel to the person who made your booking or if that person is unavailable, by call to +918058751605. Cancellation will only be effective on confirmation of receipt of your notice.
37. If the Advertiser is insolvent or bankrupt or is otherwise in breach of these Terms, DigitFreak Media Inc. may treat the order as cancelled.
38. A person who is not a party to these Terms has no rights to rely upon or enforce any of these Terms.
39. If DigitFreak Media Inc. fails or delays in exercising its rights or remedies provided by these Terms, it shall not be deemed to have waived that or any other right or remedy under these Terms.
40. Subject to clause 32, these Terms shall be governed by Indian law and the courts of Patna and Delhi will have exclusive jurisdiction in relation to these Terms.
6. Disclaimer of Warranty; Limitation of Liability.
(A) YOU EXPRESSLY AGREE THAT USE OF DigitFreak.COM IS AT YOUR SOLE RISK. NEITHER DigitFreak, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT DigitFreak.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF DigitFreak.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH DigitFreak.COM.
(B) DigitFreak.COM, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.
(C) DigitFreak.COM MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON DigitFreak.COM DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DigitFreak IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER’S PART BASED ON THE INFORMATION THAT IS PRESENTED IN DigitFreak.COM.
(D) NEITHER DigitFreak, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
(E) IN NO EVENT WILL DigitFreak, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING DigitFreak.COM OR THE DigitFreak.COM SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE DigitFreak.COM..
(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, DigitFreak, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN DigitFreak.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER DigitFreak, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
(G) DigitFreak disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing DigitFreak.com, you acknowledge and agree to DigitFreak’s disclaimer of any such liability. If you do not agree, you should not access or use DigitFreak.com.
You agree to defend, indemnify and hold harmless DigitFreak, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of DigitFreak.com by you or your Account.
DigitFreak may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, DigitFreak shall have the right to immediately terminate your Account in the event of any conduct by you which DigitFreak, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.
DigitFreak, its parent, subsidiaries and affiliates, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on DigitFreak.com are the property of their respective owners.
These Terms of Service and any operating rules for DigitFreak.com established by DigitFreak constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of DigitFreak, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Last Update on: 17th June 2017
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