The following terms and conditions govern all use of the https://digitnuggets.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Digital Vouno, LLC dba Digit Nugget, LLC (“DigitNuggets.com”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, DigitNuggets.com’s Privacy Policy) and procedures that may be published from time to time on this Site by DigitNuggets.com (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by DigitNuggets.com, acceptance is expressly limited to these terms for to individuals who are 18 years or older.
- Your https://DigitNuggets.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and DigitNuggets.com may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause DigitNuggets.com liability. You must immediately notify DigitNuggets.com of any unauthorized uses of your blog, your account or any other breaches of security. DigitNuggets.com will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by DigitNuggets.com or otherwise.By submitting Content to DigitNuggets.com for inclusion on your Website, you grant DigitNuggets.com a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, DigitNuggets.com will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable. Without limiting any of those representations or warranties, DigitNuggets.com has the right (though not the obligation) to, in DigitNuggets.com’s sole discretion (i) refuse or remove any content that, in DigitNuggets.com’s reasonable opinion, violates any DigitNuggets.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in DigitNuggets.com’s sole discretion.
- Services.
- Use Rights. The customer shall use the single-user Subscription Services solely for your own information, and shall not modify, distribute, disclose, transfer, license, rent, lease, lend, assign or communicate by any other means for any purpose or application or permit anyone to have access to the Services other than your own use. In addition, modifying, transmitting or distributing the Services is strictly prohibited including use in conjunction with, other subscriptions acquired by the customer. You may use the Services only as expressly permitted in this Agreement, and DigitNuggets.com reserves all other rights and nothing in this Agreement shall be interpreted to deprive our right, title and interest to the Services. Any support services, technical training and/or business consulting offered by us is for educational and informational purposes only. We shall retain title to and ownership of the Services, and any accompanying documentation, including any information in whatever form, whether published, supplied or made by us. Furthermore, customer acknowledges that the Services belong and is proprietary to DigitNuggets.com, as applicable, and shall at all times remain our property. The Services granted by this Agreement does not give the customer any ownership interest in the Services, but only the right to use the Services under the specified terms. You shall treat the Services and any documentation as confidential information and shall not share, publish, disclose or release them in whole or in part whatsoever without DigitNuggets.com’s prior written consent, and shall not remove any copyright, patent, trademark or other notices or proprietary legends from any Services including content from the Website, advertisements and other media forms and venues.
- Support. All email support will be provided in accordance with DigitNuggets.com’s standard services practices, procedures and policies which means the ability for the customer to make requests for technical support assistance by email at any time (with reasonable efforts by DigitNuggets.com to respond within one business day). Priority live chat support will take priority over standard email support services, and may require user authorization and permission from the customer for DigitNugget.com to remotely access your desktop, laptop or mobile device to troubleshoot technical issues on third party applications, websites and platforms, including providing basic guidance, instructions and training at reasonable efforts.
- Responsibility of Website Visitors. DigitNuggets.com has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, DigitNuggets.com does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DigitNuggets.com disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which https://DigitNuggets.com links, and that link to https://DigitNuggets.com. DigitNuggets.com does not have any control over those non-DigitNuggets.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-DigitNuggets.com website or webpage, DigitNuggets.com does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. DigitNuggets.com disclaims any responsibility for any harm resulting from your use of non-DigitNuggets.com websites and webpages.
- Copyright Infringement and DMCA Policy. As DigitNuggets.com asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by https://DigitNuggets.com violates your copyright, you are encouraged to notify DigitNuggets.com in accordance with DigitNuggets.com’s Digital Millennium Copyright Act (“DMCA”) Policy. DigitNuggets.com will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. DigitNuggets.com will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of DigitNuggets.com or others. In the case of such termination, DigitNuggets.com will have no obligation to provide a refund of any amounts previously paid to DigitNuggets.com.
- Intellectual Property. This Agreement does not transfer from DigitNuggets.com to you any DigitNuggets.com or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with DigitNuggets.com. DigitNuggets.com, https://DigitNuggets.com, the https://DigitNuggets.com logo, and all other trademarks, service marks, graphics and logos used in connection with https://DigitNuggets.com, or the Website are trademarks or registered trademarks of DigitNuggets.com or DigitNuggets.com’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any DigitNuggets.com or third-party trademarks.
- Advertisements. DigitNuggets.com reserves the right to display any advertisements on our website and your blog.
- Attribution. DigitNuggets.com reserves the right to display attribution links such as ‘Blog at https://DigitNuggets.com,’ theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.
- Changes. DigitNuggets.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. DigitNuggets.com may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. DigitNuggets.com may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your https://DigitNuggets.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid subscription account, such account can only be terminated by DigitNuggets.com if you materially breach this Agreement and fail to cure such breach within thirty (30) days from DigitNuggets.com’s notice to you thereof; provided that, DigitNuggets.com can terminate the Website immediately as part of a general shut down of our service without providing a refund. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. DigitNuggets.com and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither DigitNuggets.com nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will DigitNuggets.com, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to DigitNuggets.com under this agreement during the twelve (12) month period prior to the cause of action. DigitNuggets.com shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the DigitNuggets.com Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
- Indemnification. You agree to indemnify and hold harmless DigitNuggets.com, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. In addition, customer agrees to defend, indemnify and hold DigitNuggets.com harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from your business or personal operations, and/or failure to comply with any SEC, CFTC and NFA regulations or restrictions, and other applicable government or regulatory authorities.
- Miscellaneous. This Agreement constitutes the entire agreement between DigitNuggets.com and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of DigitNuggets.com, or by the posting by DigitNuggets.com of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the USA, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in USA at the sole discretion of DigitNuggets.com. Furthermore, any dispute arising under this Agreement, including claims for injunctive or equitable relief or claims regarding intellectual property rights, shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in USA, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; DigitNuggets.com may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
- AML, KYC, OFAC and CTF Policy. DigitNuggets.com’s Anti-Money Laundering (“AML”) policies and procedures are designed to mitigate the risks and deter illicit activities on our Website, and protect both the users and business communities from financial crimes and exploitation. As part of DigitNuggets.com’s Compliance policies, Know Your Customer (“KYC”) policies and procedures for individual and institutional customers have been designed to enable DigitNuggets.com to form a reasonable belief that it knows the true identity of those of its customers for which such review has been performed. The policy applies to all users on the Website and followed by all of DigitNuggets.com’s employees, consultants, officers, owners and directors. DigitNuggets.com will cooperate with law enforcement requests and local regulatory requirements; maintain oversight of compliance with the relevant legislation, regulations, rules and industry guidance; and document and report to legal authority if we know, suspect or have reason to suspect suspicious activities have occurred on our Website (a suspicious transaction is often one that is inconsistent with a user’s known and legitimate business, personal activities or personal means), including ongoing sanctions policies and procedures by the Office of Foreign Asset Controls (“OFAC”) and Combating the Financing of Terrorism (“CTF”) designed to protect the Website from being used for prohibited transactions, by sanctioned countries and individuals or for the purposes of evading, avoiding or otherwise circumventing U.S. and global sanctions. Furthermore, where DigitNuggets.com may have any suspicion that our business relationship with the customer, involve any risk of money laundering, financing of terrorism or any other financial crime or prohibited activity, we may, at our sole discretion, refuse to accept you as a customer, terminate any engagement with you, and we reserve the right under no obligatin not to inform you of any such action we choose to take, nor to provide you any explanation of our reasons for taking them or for our suspicions. For the purpose of conducting the abovementioned checks, we may collect certain personal information about you, either from you or from external sources. Any such information about you shall be kept and utilized in accordance with our Privacy Policy. By making any use of our Website and Services you represent and warrant that all information provided by you to us is correct, accurate and complete, and explicitly consent to the collection of additional information about you from third parties, including financial and credit institutions, governmental authorities and external databases.
