Last Updated: October 22 2013
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2. Registration and Account
In order to access certain areas and features of some of our Services, you will need to register for an account. You agree to (a) provide accurate, truthful, current and complete information when creating an account; (b) maintain and promptly update your account information; (c) maintain the security of your account by not sharing your password with others and restricting access to your account and your computer or mobile device; (d) promptly notify Digital Trends if you discover or otherwise suspect any security breaches related to the Services; and (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
3. Copyright and Limited License
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You are granted a limited, non-exclusive and non-sublicensable license to access and use the Services and Digital Trends Materials; however, such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Digital Trends Materials; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Digital Trends Materials; (d) modifying or otherwise making any derivative uses of the Services and the Digital Trends Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Digital Trends Materials or any information contained therein, except as expressly permitted on the Services; or (g) any use of the Services or the Digital Trends Materials other than for their intended purposes. Any use of the Services or the Digital Trends Materials other than as specifically authorized herein, without the prior written permission of Digital Trends, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
4. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Digital Trends has adopted a policy of terminating, in appropriate circumstances and in Digital Trends’ sole discretion, subscribers or account holders who are deemed to be repeat infringers. Digital Trends may also, in our sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Copyright Complaints
If you believe that anything on the Services infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Name of Designated Agent: Micah Abrams
Address: 330 7th Ave, 22nd Floor, New York, NY 10001
Telephone Number: 503.342.2890
Fax Number: 503.210.1170
E-Mail Address: firstname.lastname@example.org
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
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You are granted a limited, non-exclusive right to create a text hyperlink to the Services for noncommercial purposes, provided such link does not portray Digital Trends or any of our products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Digital Trends logo or other proprietary graphic of Digital Trends to link to the Services without the express written permission of Digital Trends. Further, you may not use, frame or utilize framing techniques to enclose any Digital Trends trademark, logo or other proprietary information, including the images found on the Services, the content of any text or the layout/design of any page or form contained on a page of the Services without Digital Trends’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Digital Trends or any third party.
Digital Trends makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible via hyperlink or websites linking to the Services. Such sites are not under the control of Digital Trends and Digital Trends is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Digital Trends and our users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Digital Trends of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern, and the policies of those third party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
8. Third Party Content
Digital Trends may provide third party content on the Services and may provide links to web pages and content of third parties (collectively the “Third Party Content“) as a service to those interested in this information. Digital Trends does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Digital Trends is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content at their own risk.
9. Advertisements and Promotions; Third-Party Products and Services
Digital Trends may run advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party. Digital Trends is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of non-Digital Trends advertisements or other third party information on the Services.
10. User Content and Conduct
The Services may include interactive areas where you or other users can create, post or store content, messages, materials, data, information, text, music, sound, photos, videos, graphics, applications, code or other items or materials on the Services (collectively, “User Content“). You are solely responsible for your use of such interactive areas and agree that you use them at your own risk. You further agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
You further agree that you are solely responsible for your conduct while on the Services, and you agree that you will not do any of the following in connection with the Services or our users:
Digital Trends takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, or for any user conduct, nor is Digital Trends liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Enforcement of the user content or conduct rules set forth in these Terms is solely at Digital Trends’ discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules. Although Digital Trends has no obligation to screen, edit or monitor User Content, Digital Trends reserves the right, and has absolute discretion, to remove, screen or edit any User Content posted or stored on the Services at any time, for any reason and without notice, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Services at your sole cost and expense. Any use of the Services in violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Services.
Except as otherwise provided herein, on the Services or in a separate agreement (such as the rules of a Digital Trends contest), Digital Trends claims no ownership or control over any User Content. However, by submitting or posting User Content to the Services, you grant Digital Trends a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content on the Services and on third-party sites. We will contact you directly to obtain permission before we use your User Content for our own commercial purposes, unless you expressly grant these rights to Digital Trends at the time you post or submit such content.
You represent and warrant that (a) you own and control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Services; (b) the User Content is accurate and not misleading; and (c) use and posting of the User Content you supply does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
Separate and apart from User Content, you may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information about Digital Trends, the Services or third party products and services (collectively, “Submissions“). Submissions, whether posted to the Services or provided to Digital Trends by email or otherwise, are non-confidential and shall become the sole property of Digital Trends. Digital Trends shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You agree to defend, indemnify and hold harmless Digital Trends, our independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of the Services; (b) any User Content or Submissions you provide; (c) your violation of these Terms; (d) your violation of any rights of another; or (e) your conduct in connection with the Services.
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WITHOUT LIMITING THE FOREGOING, Digital Trends DOES NOT GUARANTEE THE ACCURACY OF ANY RECOMMENDATIONS OR OPINIONS PROVIDED THROUGH THE SERVICES (“RECOMMENDATIONS“). YOU ARE SOLELY RESPONSIBLE FOR THE USE OF, OR RELIANCE ON, SUCH RECOMMENDATIONS.
14. Limitation of Liability
IN NO EVENT SHALL Digital Trends, OR OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES OR THE Digital Trends MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Digital Trends’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF Digital Trends, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES OR TO THESE TERMS EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO Digital Trends FOR ACCESS TO OR USE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THESE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
15. Modifications to the Services
Digital Trends reserves the right to modify or discontinue, temporarily or permanently, the Services, or any features or portions thereof, without prior notice. You agree that Digital Trends will not be liable for any modification, suspension or discontinuance of the Services, or any part thereof.
16. Applicable Law and Venue
These Terms and your use of the Services shall be governed by and construed in accordance with the laws of Oregon, without reference to conflicts of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Multnomah County, Oregon and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms or your use of the Services.
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY because IT REQUIRES YOU TO ARBITRATE DISPUTES WITH Digital Trends AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF.
You and Digital Trends agree to arbitrate any dispute arising from these Terms or relating to the Services, except that you and Digital Trends are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and Digital Trends agree that you will notify each other of any dispute within thirty (30) days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in Portland, Oregon and that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS. You and Digital Trends also agree that the state or federal courts in Multnomah County, Oregon have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND Digital Trends WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
Digital Trends reserves the right, without notice and in our sole discretion, to terminate your license to use the Services, and to block or prevent your future access to, and use of, the Services.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.