Last Updated: December 28, 2010
Welcome to Digiting. These Terms of Service (the "Terms") are a binding legal agreement between you and Digiting, Inc. (or "we", "us", "our"), regarding your use of our website available at www.digiting.com and our service available through our Firefox extension application (collectively, the "Service"). Please read these Terms carefully. These Terms supplement and incorporate any End User License Agreement that you agreed to when you downloaded and installed our application. We may periodically make changes to these Terms. By downloading and installing the application or accessing or using the Service, you accept these Terms and any modifications that we may make to the Terms. It is your responsibility to review the most recent version of the Terms frequently and remain informed of any changes to it. When we make changes to these Terms, we will update the date listed at the beginning of these Terms. If you continue to use the Service after we modify these Terms, you will be deemed to have consented to terms of the modified Terms for your use of the Service as of the date of the modification. IF YOU DO NOT AGREE TO ANY PROVISION OF THESE TERMS, YOU MUST NOT USE THE SERVICE.
1. Eligibility
You must be 13 years of age or older to use the Service. Use of the Service is void where prohibited. You represent and warrant that any profile information you submit is true and accurate and that you are 13 years of age or older and are fully able and competent to enter into, and abide by, these Terms.
2. Use Restrictions
You will not: (a) use the Service for any commercial purpose; (b) access, monitor, or copy any content or information on the Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission; (c) take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; (d) deep-link to any portion of the Service for any purpose without our express written permission; (e) "frame", "mirror," or otherwise incorporate any part of the Service into any other website without our prior written authorization; or (f) intentionally or unintentionally violate any applicable local, state, provincial, national, or international law or regulation. We take no responsibility and assume no liability for any material stored, or uploaded by you or any third party, or for any loss or damage thereto.
3. Submissions
You acknowledge and agree that any materials, including but not limited to comments, suggestions, ideas, or other information, provided by you in the form of email, feedback forums, or other submissions to us (collectively "Submissions"), are non-confidential and you hereby grant to us perpetual and irrevocable license to use your Submissions for any purpose without compensation or attribution to you.
4. Trademarks
Digiting, the Digiting logo, Digiting Search Highlighter, and any other product or service name or slogan contained on the Service are our trademarks as well as trademarks of our suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without our prior written permission or permission by the applicable trademark holder. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply our endorsement, sponsorship, or recommendation thereof, or vice versa.
5. Ownership
We, our affiliates, and our suppliers and licensors own all right, title, and interest, including all intellectual property rights, in and to the Services. Except for those rights expressly granted in these Terms, no other rights are granted, either express or implied, to you.
6. Third-Party Content
The Service may contain links to third-party content, such as advertisements ("Third-Party Content"). We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We do not undertake any responsibility to update or review any Third Party Content and we do not make any guarantee as to its accuracy or completeness.
Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk.
The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
7. Privacy Policy
We may collect information about your searching through the Service. Our collection and use of this information is described in the Privacy Policy available at www.digiting.com/privacy.
8. Indemnification
You will defend, indemnify and hold harmless us, our subsidiaries, affiliates, partners, Service Partners, and third-party advertisers, and their respective directors, officers, agents, employees, licensors, and suppliers from and against any costs, damages, expenses, and liabilities (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of a third party.
9. Disclaimer of Warranties
YOUR USE OF THE APPLICATION AND SERVICE IS AT YOUR SOLE RISK. THE SERVICE, AND ALL CONTENT AVAILABLE ON AND THROUGH THE APPLICATION OR SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NOTETAKE AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NOTETAKE DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR YOUR ACCESS TO ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE WILL CREATE ANY WARRANTY REGARDING NOTETAKE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
10. Limitation of Liability
NEITHER DIGITING NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF NOTETAKE OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF NOTETAKE AND ITS SUPPLIERS AND LICENSORS TO YOU FOR ALL CLAIMS UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS US $50. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
11. Restrictions on Access
Notwithstanding any provision of these Terms, we reserve the right, without notice and in our sole discretion, to terminate your license to use the Service and to block, restrict, and prevent your future access to, and use of, the Service. Additionally, we reserve the right to modify, discontinue, and restrict, temporarily or permanently, all or part of the Service without notice in our sole discretion. We nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance, or restriction of the application or Service.
12. General Legal Notices
Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be invalid, unlawful, or unenforceable will be severed from these Terms, and the remaining provisions of these Terms will continue to be in full force and effect. The section headings and titles in these Terms are for convenience only and have no legal or contractual effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Service or any termination of these Terms (including, without limitation, provisions governing indemnification, limitations on liability, disclaimers of warranty, and ownership of intellectual property) will continue to remain in full force and effect after any such termination.
These Terms are governed by the laws of the State of Washington, excluding conflict of laws principles. Any controversy or claim arising out of or relating to the application, the Service, or these Terms must be commenced within one year after the claim arose and will be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in King County, Washington, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by Washington law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party's rights or property pending the completion of arbitration.
These Terms, along with any applicable End User License Agreements, constitute the entire agreement between you and us concerning the application and the Service and supersede all prior agreements or communications between you and us regarding the subject matter of these Terms.
13. Questions & Contact Information
If you have any questions or concerns about the Service, or these Terms, you may contact us through our website by email to Digiting Feedback.