Last Updated: December 15, 2009
The Service enables users to register for and access a suite of third party services. You acknowledge and agree that DS may, in its sole discretion, and without any liability to you establish revised practices and policies concerning use of the Service. You further agree that DS may modify, suspend, or discontinue, temporarily or permanently, any or all of the Service, in its sole discretion, without any liability to you.
In order to use the Service, you must register and create a "Digsound" account. You may create a Digsound account on DS' sign-up page. Once you have created an account, you will be a "Registered User". In creating an account, you agree to provide accurate, current, and complete information. You are responsible for safeguarding the password that you use to access the Service. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify DS of any unauthorized use of your password. You are responsible for keeping your account information current and accurate. DS will have no liability for failure to deliver notices that result from inaccurate account information or otherwise.
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, design elements and contents of the website (including assembly and arrangement) ("DS Content"), and all Intellectual Property Rights related thereto, are the exclusive property of DS and its licensors. Nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights or a conveyance, assignment or transfer thereof, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the DS Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
DS and the DS logo, and all other DS trademarks, service marks, product names, and trade names of DS appearing on the Service are owned by DS. All other trademarks, service marks, product names, and logos appearing on the Service are the property of their respective owners. You may not use or display any trademark, service mark, product name, trade name, or logo appearing on the Service without the owner's prior written consent.
As a condition to your use of the Service, you agree not to:
DS will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property or privacy rights and possible security breaches, to the fullest extent of the law. DS may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that, although DS has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. DS reserves the right at all times to disclose, in its sole discretion, any information provided by you as necessary to (a) satisfy any law, regulation, or governmental request or (b) reduce or prevent what DS considers to be, in its sole discretion, a serious or imminent threat to your health or safety, or the health or safety of another. DS may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any Intellectual Property Rights of others, whether or not there is any repeat infringement.
The Service may contain links to or from third-party websites, products and/or services. You acknowledge and agree that DS is not responsible or liable in any way whatsoever for: (i) the availability or accuracy of such websites; (ii) the content, products and/or services on or available from such websites; or (iii) the payment of any fees requested by any third party content, product and/or service provider for such third party content, products and/or services. Links to such websites do not imply any endorsement by DS of such websites or the content, products and/or services available therefrom. You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites, products and/or services. You acknowledge and agree that DS makes no warranties or representations, express or implied, of any nature whatsoever, as to any third party content, products and/or services that may be accessed through the Service as contemplated by the Service, and DS shall not be liable in any way whatsoever for any or all of such third party content, products and/or services and/or any use by you of the same.
In connection with your use of the Service, you affirm, represent and warrant in this Agreement, the following:
THE SERVICE IS PROVIDED "AS-IS" AND ON AN "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DS MAKES NO WARRANTY THAT THE SERVICE OR ANY THIRD PARTY PRODUCTS OR SERVICES MADE AVAILABLE BY ACCESSING OUR SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT DS WILL NOT BE RESPONSIBLE FOR: (I) ANY DAMAGES TO YOUR COMPUTER SYSTEM OR THE COMPUTER SYSTEM OF ANY THIRD PARTY THAT MAY RESULT FROM USE OF THE SERVICE; (II) OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES THAT MAY BE ACCESSED THROUGH OUR SITE AND/OR SERVICE.
You will defend, indemnify, and hold harmless DS, its officers, directors, affiliates, employees, agents or licensors from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your alleged or actual violation or breach of this Agreement.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OR DEGRADATION OF CONTENT OR INFORMATION OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES. UNDER NO CIRCUMSTANCES WILL DS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PRODUCTS OR SERVICES, WHETHER SUCH CONTENT, PRODUCTS OR SERVICES ARE PROVIDED BY THIRD PARTIES OR OTHERWISE, OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF USE OF ANY SUCH CONTENT, PRODUCTS OR SERVICES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICE OR ANY THIRD PARTY PRODUCTS AND/OR SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY; AND/OR (VII) DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF YOU OR ANY THIRD PARTY.
IN NO EVENT SHALL DS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU HAVE PAID TO DS HEREUNDER AS OF THE DATE OF ANY SUCH CLAIM. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is controlled and operated from facilities located in the United States. DS makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations.
This Agreement will be governed by the laws of the State of California without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of this Agreement will be the state and federal courts located in Los Angeles County, California, and you waive any objection to jurisdiction and venue in such courts.
This Agreement is the entire and exclusive agreement between DS and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between DS and you regarding the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other third party products or services, that you may access through DS.
You will not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. DS may freely assign this Agreement and the rights granted hereunder without restriction. Nothing in this Agreement shall constitute a partnership or joint venture between you and DS. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and affect. DS may provide you with notices, including those regarding changes to the Service by email or by postings on the Service. The failure of DS to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. If you have any questions about this Agreement, please contact DS at firstname.lastname@example.org
User-Provided Information: You may provide us information about yourself, such as your name, date of birth, and e-mail address, when you register with the Service. If you correspond with us by email, we may retain the content of your email messages, your email address and our responses.
Cookies Information: When you use the Service, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer that uniquely identifies your browser and lets DS help you log in faster and enhance your navigation through the site. A cookie does not collect personal information about you. DS uses both session cookies and persistent cookies. A persistent cookie remains on your hard drive after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser’s directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Service may not function properly if the ability to accept cookies is disabled.
Log File Information: Log file information is automatically reported by your browser each time you access a web page. When you register with or view our site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, referring / exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.
Clear Gifs Information: When you use the Service, we may employ clear gifs (a.k.a. Web Beacons) which are used to track the online usage patterns of our users anonymously. No personally identifiable information from your DS account is collected using these clear gifs. In addition, we may also use clear gifs in HTML-based emails sent to, or on behalf of, our users to track which emails are opened by recipients. The information is used to enable more accurate reporting, improve the effectiveness of our marketing, and make DS better for our users.
We use the personal information you submit to us to operate, maintain, and provide to you the features and functionality of the Service.
By providing DS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. You may not opt out of Service-related emails but may change the frequency of receiving such emails by contacting us directly at email@example.com at any time.
We may also use your email address to send you other messages, such as newsletters, changes to features of the Service, or special offers. If you do not want to receive such email messages, you may opt out by sending an email message to firstname.lastname@example.org with the words "No email" in the subject field. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
DS may use certain information about you without identifying you as an individual to third parties. We do this for purposes such as analyzing how the Service is used, providing the Service itself, diagnosing service or technical problems, maintaining security, and personalizing advertisements and promotions.
Personally Identifiable Information: DS will not rent or sell your personally identifiable information to others, except in the case of the sale by DS of its assets or business offerings or in the course of corporate divestitures, mergers, or dissolution. In such event, DS shall not be liable to you for any payments or compensation whatsoever for such rental or sale of your personally identifiable information.
Non-Personally Identifiable Information: We may freely share non-personally identifiable information (such as anonymous usage data, referring/exit pages and URLs, platform types, number of clicks, etc.) with interested third parties to help them understand the usage patterns for certain DS services. We may also rent, license or sell any non-personally identifiable information to third parties at any time without your consent, and without any payment or compensation whatsoever to you.
DS does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks DS to show an advertisement to a certain audience and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
DS uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to DS, and you do so at your own risk. Once we receive your transmission of information, DS makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you access to your account. You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from DS, at all times.
You may, of course, decline to submit personally identifiable information through DS, in which case DS may not be able to provide certain services to you. You may review, update or correct the information about you that DS keeps on file, including your email preferences, by contacting us directly at email@example.com at any time.
Veronica Rose Productions Inc.
34 Ozone Street
Venice, CA 90291