- Use of the Sites is void where prohibited. By using the Sites and their features, You represent and warrant that:
- You are 18 years or older;
- You are a human. You must be a human. Accounts registered by “bots” or other automated methods are not permitted;
- All information you submit to DSI through the Sites is truthful and accurate;
- You will maintain the accuracy of such information;
- Your use of the Sites does not violate any applicable law or regulation;
- You will maintain the security of your account and password. DSI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation; and
- You are responsible for all User Content (defined below) posted and activity that occurs under your account (even when User Content is posted by others who have accounts under your account).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS THE SITES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
- REGISTRATION DATA AND ACCOUNT SECURITY
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- PROPRIETARY RIGHTS
You acknowledge and agree that DSI (or DSI’s licensors) owns all legal right, title and interest in and to the Sites. The visual interfaces, graphics, design, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Sites (collectively, the “DSI Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any User Content owned and/or posted by you or other users, all DSI Materials are the copyrighted property of DSI or its licensors. Furthermore, all trademarks, service marks, and trade names contained in the DSI Materials and otherwise displayed on the Sites (“Marks”) are the property of DSI or other third parties. You are not permitted to use the Marks without the prior written consent of DSI or such third party. Except as expressly set forth herein, your use of the Sites does not grant to you ownership of or any other rights with respect to any content, code, data, user comments or other materials that you may access on or through the Sites. DSI reserves all rights to the DSI Materials. For more information on DSI trademark guidelines, please refer to our Trademark Policy at https://www.digital software inc/trademark-policy/ .
- USER CONTENT
- Any User Content you post to the Sites publicly will be considered non-confidential and non-proprietary unless DSI specifically indicates otherwise.
- By displaying, publishing or making User Content publicly available for download or use by others any User Content, you give DSI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sublicense, make derivative works of, and distribute User Content which you submit, post or display on or through the Site or in connection with any Service. You agree that this license includes a right for DSI to make User Content available to other companies, organizations or individuals with whom DSI has relationships for the provision of services (“Authorized Third Parties”), and to use and have DSI Authorized Third Parties use, the User Content in connection with the provision of those services. You understand that DSI or Authorized Third Parties may (i) transmit or distribute User Content over various public networks and in various media; and (ii) make such changes to User Content as are necessary to conform and adapt User Content to the technical requirements of connecting networks, devices, services or media. Further, you understand that the technical processing and transmission of the Service, including User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that this license shall permit DSI and Authorized Third Parties to take these actions.
- By displaying, publishing or making User Content available to DSI other than as provided above, you give DSI a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, and distribute User Content solely for the purpose of providing the Services and operating the Sites. You agree that this license includes a right for DSI to make User Content available to Authorized Third Parties solely for the purpose of providing the Services and operating the Sites.
- Your Responsibilities: By submitting or posting any User Content to the Sites or in connection with the Service, you agree that your User Content will comply at all times with our Community Guidelines and Code of Conduct which can be found at https://docs.digital software inc/community_guidelines.html (“Community Guidelines”). Further you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Sites or in connection with any Service any of the following:
- User Content that contains any viruses, corrupted data, malicious code or other harmful, disruptive or destructive files;
- User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- User Content that infringes or violates any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to post, distribute, display and reproduce such User Content;
- User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
- Unsolicited promotions, political campaigning, advertising or solicitations;
- Private or personally identifiable information (other than to private repositories or as otherwise covered by a separate confidentiality agreement between You and DSI); and/or
- User Content that, in the sole judgment of DSI, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites, or which may expose DSI or its users to any harm or liability of any type.
- LINKS FROM THE SITES
The Sites contain (or you may be sent through the Sites to) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties in a variety of media, including without limitation, DSI “recipes” – sharable software files that contain executable code posted on the Site by other users (the “Third Party Content”). These Third Party Sites are provided for your convenience only. DSI has no control over the Third Party Content or the Third Party Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Third Party Sites.
- PROTECTION OF YOUR INTELLECTUAL PROPERTY RIGHTS/DMCA
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Sites infringe your copyright, you may request removal of those materials (or access to them) from the Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:
- Your physical or electronic signature;
- Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Sites, a representative list of such works;
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
- Adequate information by which we can contact you, including your name, postal address, telephone number and, if available, e-mail address;
- A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement that the information in the written notice is accurate; and
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated Copyright Agent to receive DMCA Notices is:
Attn: Legal Department, DMCA Notices
DSI Software Inc.
5805 Callaghan Road, Suite #115,
San Antonio, TX 78228, USA email@example.com
If you fail to comply with all of the requirements of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorney’s’ fees) under Section 512(f) of the DMCA. For clarity, only DMCA Notices should go to the DSI Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to DSI customer service through firstname.lastname@example.org
- PROHIBITED USES
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm the Company or users of the Sites or expose them to liability.
Additionally, you agree not to:
- Post or transmit through the Sites any material or content that violates or infringes in any way the rights of others or solicits, encourages or promotes the use of illegal substances or activities, which is unlawful, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law;
- Use the Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Sites, including their ability to engage in real time activities through the Sites;
- Use any robot, spider or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites;
- Use any manual process to monitor or copy any of the material on the Sites or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Sites;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites is stored, or any server, computer or database connected to the Sites;
- Attack the Sites via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempt to interfere with the proper working of the Sites.
Your use of the Sites and Service is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. you may not use the Sites or Service for any illegal or unauthorized purpose. you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws). Any attempt by any person to deliberately damage the Sites or Service is a violation of criminal and civil laws. DSI reserves the right to seek damages from any such person to the fullest extent permitted by law.
- THE SITES AND ALL CONTENT, SERVICES, SOFTWARE OR OTHER MATERIAL (COLLECTIVELY “MATERIAL”) OR SERVICES AVAILABLE AT THE SITES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FROM DSI AND ITS AFFILIATES AND CONTENT PROVIDERS. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SITES IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL.
- EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A LICENSE AGREEMENT OR OTHER AGREEMENT, DSI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE MATERIAL OR SERVICES AVAILABLE AT THE SITES. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DSI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIAL OR SERVICES AVAILABLE AT THE SITES. WITHOUT LIMITING THE FOREGOING, DSI MAKES NO WARRANTY THAT (a) THE MATERIAL OR SERVICES OFFERED ON THE SITES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (b) THE MATERIAL OR SERVICES OFFERED ON THE SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS OR SERVICES WILL BE ACCURATE OR RELIABLE. SOFTWARE IS WARRANTED, IF AT ALL, IN ACCORDANCE WITH THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS SET FORTH IN THE LICENSE AGREEMENT, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE DISCLAIMED.
- WHILE DSI ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES SAFE, DSI CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY- RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
- Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.
- LIMITATION OF LIABILITY
- APPLICABLE LAW AND VENUE
- EXPORT CONTROL
By using the Sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any country to which the United States has embargoed goods. You agree you will not export or re-export any goods or products unless you have complied with all applicable U.S. and foreign government export controls and approvals. DSI makes no claim that content contained on the Sites is appropriate or may be downloaded outside the United States. If you access the Sites from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your country’s jurisdiction.
DSI reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent future your access to and use of the Sites.
- LIMITATION ON TIME TO FILE CLAIMS
- QUESTIONS AND CONTACT INFORMATION
Questions or comments about the Sites may be directed to DSI at the email address email@example.com.