(Last Revised: January 1, 2015)
These terms and conditions govern your use of this web site and the Syndwire Syndication Tool (hereinafter "the Service"). By accessing this web site and/or the Service, you are acknowledging and accepting these terms and conditions. These terms and conditions are subject to change by Digital Triggers, LLC (hereinafter “Company”) at any time and at our discretion without notice. Your use of this web site or the Service after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site or the Service.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY. For information on requesting such permission, please contact us as described in Section 6.
2. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by or any association with its operators.
3. REFUND POLICY / CANCELLATION
Due to the special pricing being offered for the Service, there will be no refunds given. Even if you purchase the Service and then choose to never use it, no refunds will be given. Although no refunds are available, you can cancel your account as follows: (1) If you have an account that was paid in full, you can cancel your account at any time by submitting a ticket to us as described in Section 6. (2) If you have an account that renews annually, you can cancel your account without any further payments being owed by submitting a ticket to us at least 15 days prior to your renewal date with a request to cancel. Once you submit a cancellation ticket to us under either of these scenarios, you agree and understand that we have the right to delete all data associated with your account 30 days after the date you submitted the cancellation request.
4. ABILITY TO ACCEPT TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.
5. USAGE CONDITIONS AND RESTRICTIONS FOR THE SERVICE
A. You agree that you are responsible for all activity and usage of the Service that occurs with your user account. You agree not to share your user name and password for the Service with anyone else.
B. You agree to comply with all applicable state, federal and other laws relating to your usage of the Service and with any information you upload or transmit through the Service.
C. You agree that the following actions are strictly prohibited and will result in immediate termination:
Submission of content about pornography, illegal activities of any kind, occult, hate, or racism.
Submission of content or usage of the Service in a way that violates the intellectual property rights of Company or third parties.
Submission of content that violates any state, federal, or other applicable laws.
Any action that places an unreasonable burden on the server hosting the Service.
Any action that interferes with the running of this Service.
Any attempt to gain unauthorized access to any portion of the Service.
Impersonating another individual or company in your usage or content submitted through the Service.
D. Company reserves the right, in Company’s sole discretion, to terminate your account for a violation of these terms, or for any reason company deems appropriate.
E. Company also reserves the right to discontinue the Service at any time, with no notice or liability.
F. By using this Service, you will be prompted to submit login details about your accounts on various third party sites. Company cannot guarantee that the content you submit to third party sites using the Service will always be accepted by those services. In fact, it is possible that your usage of the Service can cause your account on a third party site to be suspended if your submission history violates their terms or triggers something that the third party site deems inappropriate. You therefore agree and understand that Company does not warrant that all third party sites will accept your content, or that the Service will provide any specific result or benefit.
6. CONTACTING US
If you need to contact us, you can submit a ticket at https://support.digitaltriggers.io/.
7. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
10. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Florida. You hereby consent to binding arbitration in the State of Florida to resolve any disputes arising under this Terms and Conditions.