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Acceptance of Terms
DigitalReview.net provides a venue for members and visitors to write articles, submit reviews, upload photos, and other forms of content generation services (referred to hereafter as "the Service") subject to the following Terms of Service ("Terms"). By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using particular DigitalReview.net services, you agree to abide by any applicable posted guidelines for all DigitalReview.net services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with DigitalReview.net in any way, your only recourse is to immediately discontinue use of DigitalReview.net.
Your Registration Obligation
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DigitalReview.net has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DigitalReview.net has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Member Account Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DigitalReview.net of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DigitalReview.net cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Reviews, Comments, Communications, and Other Content
Members may post reviews, comments, messages, images, photos, video, sounds, or other materials (“Content”) and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, including but not limited to patent, trademark, trade secret, copyright or other proprietary rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You understand that all Content posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated and you are entirely responsible for all Content that you post, email or otherwise make available via the Service. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will DigitalReview.net be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin any content.
If you do post content or submit material, and unless we indicate otherwise, you grant DigitalReview.net a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant DigitalReview.net and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify DigitalReview.net for all claims resulting from content you supply. DigitalReview.net has the right but not the obligation to monitor, edit, move or remove any activity or content. DigitalReview.net takes no responsibility and no liability for any content posted by you or any third party.
You acknowledge, consent and agree that DigitalReview.net may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of DigitalReview.net, its users and the public.
Indemnity
You agree to indemnify and hold DigitalReview.net and its subsidiaries, affiliates, officers, agents, employees, partners and licensors 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, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
Termination
You agree that DigitalReview.net may, under certain circumstances and without prior notice, immediately terminate your DigitalReview.net account and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities. Termination of your DigitalReview.net account includes (a) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (b) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in DigitalReview.net's sole discretion and that DigitalReview.net shall not be liable to you or any third party for any termination of your account or access to the Service.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that DigitalReview.net shall not be 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 such advertisers on the Service.
Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because DigitalReview.net has no control over such sites and resources, you acknowledge and agree that DigitalReview.net is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that DigitalReview.net shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by DigitalReview.net or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
DigitalReview.net grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by DigitalReview.net for use in accessing the Service.
Disclaimers of Warranty and Limitation of Liability
THIS SITE IS PROVIDED BY DIGITALREVIEW.NET ON AN "AS IS" AND "AS AVAILABLE" BASIS. DIGITALREVIEW.NET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DIGITALREVIEW.NET DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. DIGITALREVIEW.NET DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM DIGITALREVIEW.NET ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DIGITALREVIEW.NET WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Applicable Law
By visiting DigitalReview.net, you agree that the laws of the state of Washington, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and DigitalReview.net.
Disputes
Any dispute relating in any way to your visit to DigitalReview.net shall be submitted to confidential arbitration in Seattle, Washington, except that, to the extent you have in any manner violated or threatened to violate DigitalReview.net’s intellectual property rights, DigitalReview.net may seek injunctive or other appropriate relief in any state or federal court in the state of Washington, 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.
Site Policies, Modifications, and Severability
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern your visit to DigitalReview.net. We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Our Address
DigitalReview.net
7925 15th Ave SW
Seattle, WA 98106
Notice and Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide DigitalReview.net’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying DigitalReview.net that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the site, including the auction ID number, if applicable;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
DigitalReview.net’s Copyright Agent for notice of claims of copyright infringement on its site can be reached as follows:
Copyright Agent
7925 15th Ave SW
Seattle, WA 98106
email: copyright@digitalreview.net
Entire Agreement
The TOS constitutes the entire agreement between you and DigitalReview.net and governs your use of the Service, superseding any prior agreements between you and DigitalReview.net with respect to the Service.
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