Terms and Conditions
1. BINDING EFFECT
This is a binding agreement. By using the Internet site located at www.marketdigits.com (the “Site”) or any services provided in connection with the Site (the “Service”), you agree to abide by these Terms of Use, as they may be amended by MarketDigits, Inc. (the “Company”) from time to time in its sole discretion. Company will post a notice on the Site any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Service and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. Your Privacy Matters
At Company, your privacy is important to us, and we want you to have control over how your personal information is treated. You can find our complete privacy policy by clicking here. This privacy policy is a crucial part of our agreement with you.
Account Registration:
To use or access our Site or Service, you will need to create an account. During the registration process, please provide accurate and complete information as requested in the registration form. You will also need to choose a username and password.
Keep Your Information Secure:
It's your responsibility to keep your password confidential. Never share your account, username, or password with anyone else. If you suspect any unauthorized use of your account or if you lose control of your password, please inform us immediately.
Your Liability:
Please be aware that you may be held responsible for any losses suffered by Company, its affiliates, officers, directors, employees, consultants, agents, and representatives due to the unauthorized use of your account or password, whether you were aware of it or not.
We value your trust and take your privacy seriously. If you have any questions about our privacy policy or your account security, please don't hesitate to contact us. Your privacy is our priority.
3. Agreement for Purchases and Licensing
Company has established an agreement that lays out the terms for the acquisition of any products or services. When you make a purchase through Company or the Site, you are consenting to the terms specified in Company’s Purchase and Licensing Agreement. This Agreement is an integral part of this Agreement and covers Company’s policies on orders, returns, and material licensing.
Company’s Purchase and Licensing Agreement will be enforced at the sole discretion of the Company.
4. Software Usage
Company may offer specific software through the Site. If you access software from the Site, this software, encompassing all files and images generated by it, and associated data (collectively referred to as “Software”), is provided to you under a license by Company for your personal, noncommercial, home use only. Company does not transfer the title or intellectual property rights of the Software, retaining full ownership and intellectual property rights. You are prohibited from selling, distributing, reproducing, or engaging in any activity that converts the Software into a human-perceivable form, such as decompiling or reverse-engineering. All trademarks and logos are the property of Company or its licensors and cannot be copied or used in any manner.
5. User-Generated Content
When you post materials on the Site or Service, you grant Company a license to utilize those materials. Your act of posting, downloading, displaying, performing, transmitting, or distributing information or other content (collectively referred to as “User Content”) to the Site or Service implies that you are providing Company, its affiliates, officers, directors, employees, consultants, agents, and representatives with a non-exclusive, royalty-free, perpetual, worldwide license to use User Content for the operation of Company's online business. This includes the right to copy, distribute, transmit, publicly display, perform, reproduce, edit, translate, and reformat User Content. You will not receive compensation for any User Content. You agree that Company may publish or disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are authorized to post, distribute, display, perform, transmit, or distribute User Content.
6. Intellectual Property Ownership
All the contents found on the Site or Service represent the exclusive intellectual property of MarketDigits Inc. This includes trademarks, copyrights, and any other forms of intellectual property. Please be aware that nothing on the Site should be interpreted as granting you a license to use any trademarks, service marks, or logos owned by Company or any third party. The terms of any license provided by Company are governed by the Purchase and Licensing Agreement.
7. Compliance with Intellectual Property Laws
When you access the Site or use the Service, you are required to abide by the law and respect the intellectual property rights of others. Your utilization of the Service and the Site is always subject to the laws governing copyright ownership and the use of intellectual property. You are not permitted to upload, download, display, perform, transmit, or distribute any information or content (referred to as “Content”) that violates the copyrights, trademarks, or other intellectual property or proprietary rights of third parties. You must adhere to laws concerning copyright ownership and the use of intellectual property, and you will be solely responsible for any breaches of relevant laws and any infringements of third-party rights resulting from any Content you provide or transmit or that is provided or transmitted using your User ID. It is your responsibility to demonstrate that any Content you share does not infringe upon any laws or third-party rights.
8. Handling Copyright Infringement
Company has established specific procedures, as required by law, to address claims of copyright infringement that may occur on the Site or through the Service. Company has implemented a policy that allows for the immediate suspension and/or termination of any user of the Site or Service found to have violated Company's rights or the rights of a third party, or to have otherwise breached intellectual property laws or regulations.
- (a) A physical or electronic signature of an authorized person acting on behalf of the owner of the exclusive right allegedly infringed.
- (b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are involved, a representative list of such works.
- (c) Identification of the material claimed to be infringed or the subject of infringing activity, along with information to assist Company in locating the material.
- (d) Your contact information, including an address, telephone number, and an available electronic mail address for communication.
- (e) A statement affirming your good faith belief that the use of the material in the disputed manner is not authorized by the copyright owner, its agent, or the law.
- (f) A statement asserting the accuracy of the notification, accompanied by a declaration, under penalty of perjury, that you are authorized to act on behalf of the exclusive right's owner allegedly infringed.
9. Content Guidelines
You are prohibited from sharing the following types of Content. You must not upload, download, display, perform, transmit, or distribute any Content that:
- (a) Is unlawful, infringes upon intellectual property rights, violates privacy, is defamatory, harassing, obscene, pornographic, abusive, threatening, or otherwise harmful or objectionable.
- (b) Promotes or endorses actions that may constitute a criminal offense, result in civil liability, or otherwise contravene any relevant local, state, national, or international laws or regulations.
- (c) Solicits or advertises funds or serves as a request for goods or services.
10. Handling Alleged Violations
Company reserves the right to discontinue your use of the Service and/or the Site. In order to ensure a high-quality experience for you and other Site and Service users, you consent to Company or its representatives accessing your account and records on a case-by-case basis to investigate complaints or allegations of misuse, infringement of third-party rights, or unauthorized Site or Service usage.
Company does not intend to disclose the existence or occurrence of such an investigation unless legally obligated. However, Company retains the right to immediately terminate your account or access to the Site and to remove any posted content, with or without notice, and without incurring liability if Company believes you have violated any of the Terms of Use, supplied false or misleading information to Company, or disrupted the use of the Site or the Service by others.
11. Disclaimer of Warranties
COMPANY ABSOLUTELY DISCLAIMS ALL WARRANTIES. COMPANY PROVIDES THE SITE "AS IS," WITHOUT ANY WARRANTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE OR THE SERVICE. TO THE EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COMPANY DOES NOT GUARANTEE THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR OPERATE WITHOUT INTERRUPTIONS OR ERRORS.
12. Limited Liability
COMPANY'S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, EVEN IF SUCH DAMAGES WERE FORESEEABLE. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL BASIS FOR THE CLAIM, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY.
13. Affiliated Sites
Company lacks control over and bears no responsibility for third-party websites or materials. Company collaborates with numerous partners and affiliates whose websites may be linked to the Site. As neither Company nor the Site has control over the content and performance of these partner and affiliate sites, Company makes no assurances about the accuracy, currency, content, or quality of the information found on such sites. Company accepts no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content on those sites. In a similar vein, during your use of the Site, you may encounter content items (including websites) owned by third parties. You acknowledge and agree that Company makes no warranties and assumes no responsibility for the accuracy, currency, content, or quality of such third-party content. Unless expressly specified otherwise, these Terms of Use govern your use of all third-party content.
14. Usage Restrictions
Company imposes specific limitations on your acceptable use of the Site and the Service. You are strictly forbidden from breaching or attempting to breach any security features of the Site or Service, which includes, but is not limited to:
- (a) Accessing content or data that isn't meant for you, or logging into a server or account without authorization.
- (b) Trying to probe, scan, or test the security of the Service, the Site, or any connected system or network, or attempting to bypass security or authentication measures without proper permission.
- (c) Disrupting or trying to disrupt service for any user, host, or network, which may involve submitting a virus to the Site or Service, overloading, spamming, flooding, or crashing.
- (d) Engaging in systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or related to this Site and Service.
- (e) Using the Site or Service to send unsolicited emails, such as promotions or advertisements for products or services.
- (f) Forging any TCP/IP packet header or any part of the header information in any email or post using the Service.
- (g) Attempting to modify, reverse-engineer, decompile, disassemble, or convert into a human-readable form any source code used by Company to provide the Site or Service.
15. Indemnification
You agree to indemnify Company for specific actions and omissions. You pledge to indemnify, defend, and protect Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any claims, losses, liabilities, damages, and costs (including reasonable attorney fees and costs) arising from your use of or access to the Site, your violation of these Terms of Use, or your infringement, or any other user of your account's infringement, of any intellectual property or other rights of any person or entity to the fullest extent allowed by law.
Company will promptly notify you of any such claims, losses, liabilities, or demands and will offer you reasonable assistance at your expense in defending against such claims, losses, liabilities, damages, or costs. Your obligations under this section persist beyond the termination of this Agreement and your use of the Service.
16. Applicable Law
These Terms of Use will be interpreted and governed by the laws of the United States of America and the State of California, without regard to their conflict of law principles. You hereby unconditionally consent to the exclusive jurisdiction of state or federal courts located in San Francisco, California, USA for all disputes arising from or related to your use of the Site or Service.
17. Severability and Waiver
If any term or condition in these Terms of Use is found unenforceable by a court of competent jurisdiction, all other terms and conditions will remain unaffected and fully enforceable. No waiver of any breach of these Terms of Use shall be considered a waiver of any prior, concurrent, or subsequent breach, unless made in writing and signed by an authorized representative of the waiving party.
18. Modifications
Company, at its sole discretion and without prior notice, may (a) amend these Terms of Use; (b) alter the Site and/or the Service; and (c) terminate the Site and/or Service at any time. Any changes to these Terms of Use will be posted on the Site and will take effect immediately upon posting. You agree to periodically review these Terms of Use and other online policies posted on the Site to stay informed about any revisions. By continuing to use or access the Site after being notified of any changes, you are bound by the revised terms. This agreement represents the entire understanding between the parties on its subject matter.
19. Acknowledgment
By using the Service or accessing the Site, you confirm that you have read and accepted these Terms of Use.