| ACCEPTANCE
OF TERMS
We will refer to the Digitalguestlist.com web site as the "Service".
We (that is The Rchitect Group, LLC) will provide the Service to
you, subject to the following terms and conditions - referred to
as the "Service Agreement" or "SA", which may
be updated or modified by us from time to time without notice to
you, therefore you need to regularly check this agreement to stay
up to date. You can review the most current version of the SA at
any time at http://www.digitalguestlist.com/useragreement.shtml.
Your
use of the Service will confirm your agreement to these terms and
conditions as well as your acceptance of the changes we make to
the SA. In addition, when using particular Digitialguestlist.com
services subject to this SA, you and Digitalguestlist.com shall
be subject to any posted guidelines or rules applicable to such
services which may be posted from time to time. All such guidelines
or rules are incorporated by reference into the SA.
Consequently, PLEASE READ THIS SERVICE AGREEMENT CAREFULLY BEFORE
ACCESSING OR USING DIGITALGUESTLIST.COM. BY ACCESSING OR USING DIGITALGUESTLIST.COM,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT
WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS
OR USE DIGITALGUESTLIST.COM. REMEMBER THAT DIGITALGUESTLIST.COM
MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL
BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT.
YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF DIGITALGUESTLIST.COM
SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
YOUR
REGISTRATION OBLIGATIONS
Use of the Service may require you to register and submit your e-mail
address. In return for our enabling you to use the Service, you
agree to: (a) provide true, accurate, current and complete information
about yourself when necessary or as prompted by the Service's registration
form (such information being the "Registration Data")
and (b) maintain and promptly update the Registration Data to keep
it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have
reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Service (or any portion thereof).
USE
OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information, data, text, messages, postings,
or other materials ("Content"), whether publicly posted
or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not
Digitalguestlist.com, are entirely responsible for all Content that
you upload, post, or otherwise transmit via the Service. If you
have included information available through the Service then you
are responsible for making modifications or updating information
to the extent there are errors or updates are required. Digitalguestlist.com
does not control the Content posted via the Service and, as such,
does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to
Content that is offensive, indecent or objectionable. Under no circumstances
will Digitalguest.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content (for
example, if an event posted on Digitalguestlist.com is listed on
the wrong date, place, or time), or for any loss or damage of any
kind incurred as a result of the use of any Content posted, or otherwise
transmitted via the Service.
You agree that you will not use the Service or the information obtained
through the Service (including without limitation, directory or
event listings): for solicitations, commercial or otherwise; for
incorporation into a commercial product or service; for the purposes
of soliciting, offending or harassing any person or persons; to
alter the directory listings, event listings, or other information,
or enter additional listings or Content which in any way: (i) are
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful,
or racially, ethnically or otherwise objectionable, (ii) violates
any patent, trademark, service mark, trade secret, copyright or
other proprietary rights ("Rights") of another, or (iii)
are known to be false or misleading at the time of entry. harm minors
in any way; impersonate any person or entity, including, but not
limited to, a Digitalguestlist.com official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
provide any Content that you do not have a right to transmit under
any law or under contractual or fiduciary relationships (such as
inside information, proprietary and confidential information learned
or disclosed as part of employment relationships or under nondisclosure
agreements); transmit any material that contains software viruses
or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware
or telecommunications equipment; interfere with or disrupt the Service
or servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks connected
to the Service; or intentionally or unintentionally violate any
applicable local, state, national or international law.
(b)
You acknowledge that Digitalguestlist.com does not pre-screen Content,
but that Digitalguestlist.com and its designees shall have the right
(but not the obligation) in their sole discretion to refuse, move
or remove any Content that is available via the Service. Without
limiting the foregoing, we shall have the right to remove any Content
that violates the SA or is otherwise objectionable. You agree that
you must evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that
you may not rely on any Content created by us or submitted to us.
(c)
You understand that the technical processing and transmission of
the Service, including your Content, may involve (i) transmissions
over various networks; and (ii) changes to conform and adapt to
technical requirements of connecting networks or devices.
PUBLIC
CONTENT POSTED TO DIGITALGUESTLIST.COM
(a) For purposes of the SA, "publicly accessible areas of the
Service" are those accessible by the general public. By way
of example, a publicly accessible area of the Service would include
the Digitalguestlist.com Message Boards. Please note that this Content
may be seen by anyone using the Service.
(b) With respect to all other Content you elect to post to publicly
accessible areas of the Service, you grant Digitalguestlist.com
the world-wide royalty-free, perpetual, irrevocable, non-exclusive
right and license to use, reproduce, modify, adapt, publish, translate,
create derivative works from, distribute, perform and display such
Content (in whole or part) and/or to incorporate it in other works,
in any form, media, or technology now known or later developed.
(c) You represent and warrant that you have all right, title and
interest in, or otherwise have the right to publicly display all
Content that you post to or transmit through the Service and that
the Content you post to or transmit through the Service does not
infringe, or dilute any third party right.
DIGITALGUESTLIST.COM'S
RIGHTS AND REPRESENTATIONS
(a) Digitalguestlist.com reserves the right to deny access to you
or any group of users to the Service, at its sole discretion, at
any time. Digitalguestlist.com also reserves the right to remove
any listings or other information or Content from the Service at
any time and at its sole discretion.
(b) Digitalguestlist.com cannot and does not guarantee or warrant
that files available for downloading through the Service will be
free of infection or viruses, worms, Trojan horses or other code
that manifest contaminating or destructive properties. You are responsible
for implementing sufficient procedures and checkpoints to satisfy
your particular requirements for accuracy of data input and output,
and for maintaining a means external to the Service for the reconstruction
of any lost data.
(c) DIGITALGUESTLIST.COM DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD
TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED
THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE, AND
DIGITALGUESTLIST.COM SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE
ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION.
DIGITALGUESTLIST.COM DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE,
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL
BE CORRECTED. THE SERVICE IS PROVIDED ON AN "AS IS, AS AVAILABLE"
BASIS. IN NO EVENT WILL DIGITALGUESTLIST.COM (OR ITS DIRECTORS,
OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS
OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL,
INDIRECT OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES
FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY
TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED
ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF DIGITALGUESTLIST.COM
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION
ANY DIRECTORY OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH
THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, DIGITALGUESTLIST.COM'S
LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
INDEMNITY
You agree to indemnify and hold Digitalguestlist.com, and its affiliates,
officers, agents, or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made
by any third party due to or arising out of Content you submit,
post to or transmit through the Service, your use of the Service,
your connection to the Service, your violation of the SA, or your
violation of any rights of another.
MODIFICATIONS
TO SERVICE
Digitalguestlist.com reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the
Service (or any part thereof) with or without notice. You agree
that Digitalguestlist.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the
Service.
TERMINATION
You agree that Digitalguestlist.com, in its sole discretion, may
terminate your account (or any part thereof) or use of the Service
and remove and discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if Digitalguestlist.com
believes that you have violated or acted inconsistently with the
letter or spirit of the SA. Digitalguestlist.com may also in its
sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any
termination of your access to the Service under any provision of
this SA may be effected without prior notice, and acknowledge and
agree that Digitalguestlist.com may immediately deactivate or delete
your account and all related information and files in your account
and/or bar any further access to such files or the Service. Further,
you agree that Digitalguestlist.com shall not be liable to you or
any third party for any termination of your access to the Service.
DEALINGS
WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree
that Digitalguestlist.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on
the Service.
LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because Digitalguestlist.com
has no control over such sites and resources, you acknowledge and
agree that Digitalguestlist.com is not responsible for the availability
of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products,
or other materials on or available from such sites or resources.
You further acknowledge and agree that Digitalguestlist.com shall
not be responsible or liable, directly or indirectly, for any damage
or loss caused or alleged to be caused by or in connection with
use of or reliance on any such Content, goods or services available
on or through any such site or resource.
ADS
Use of this site is contingent on acceptance of viewing of any and
all advertisements (ADS) sent on or by pages of this site. ADS include,
but are not limited to: banners, buttons and pop-up windows. Users
found to be using screening or filtering systems to remove or hide
ads from Digitalguestlist.com may have their accounts terminated
without prior notice or warning.
DIGITALGUESTLIST.COM'S
PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain
proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information
presented to you through the Service or advertisers is protected
by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by Digitalguestlist.com
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part. The compilation of the contents of
the Service is copyrighted under the United States copyright laws.
The owner of the copyright is Digitalguestlist.com and in some cases
a third party. Digitalguestlist.com grants you a personal, non-transferable,
non-sublicenseable, and non-exclusive right and license to print
and download portions of directory or event listings from or other
information found on the Service solely for your own non-commercial
use. Any other copying, redistribution, retransmission, display
or publication of any downloaded information is strictly prohibited
without the express written consent of Digitalguestlist.com.
You
agree to grant to Digitalguestlist.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sublicense, to reproduce,
distribute, transmit, create derivative works of, and publicly display
any Content, including directory listings and other materials or
information such as ideas contained therein for new or improved
products and services you submit to Digitalguestlist.com (such as
through posting to public areas or mailing to Digitalguestlist.com)
by all means and in any media now known or hereafter developed.
You also agree to grant to Digitalguestlist.com the right to use
your name in connection with the submitted Content as well as in
connection with all advertising, marketing and promotional material
related thereto. You grant Digitalguestlist.com non-exclusive, royalty-free,
worldwide permission to implement or use in any manner and in any
media any ideas or information contained in your communications.
You further agree to release Digitalguestlist.com from any claims
of alleged or actual infringement, or misappropriation of any proprietary
rights that may result from such implementation or use.
TRADEMARK
NOTICES
DIGITALGUESTLIST, Digitalguestlist.com and "Going out is easy;
knowing where to go isn't", are trademarks and/or service marks
of The Rchitect Group, LLC. Other product, service and company names
mentioned herein may be the trademarks or service marks of their
respective owners.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance
with the laws of the State of Florida applicable to agreements made
and to be performed in Florida. This site is controlled and operated
by The Rchitect Group, LLC from its offices within the United States
of America. The Rchitect Group, LLC makes no representation that
materials in the site are appropriate or available for use in other
locations. Those who choose to access this site from other locations
do so on their own initiative and are responsible for compliance
with local laws, if and to the extent local laws are applicable.
The Rchitect Group LLC's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any provision
of this Agreement. The Rchitect Group, LLC may assign its rights
and duties under this Agreement to any party at any time without
notice to you. The section titles in the SA are for convenience
only and have no legal or contractual effect.
VIOLATIONS
Please report any violations of the SA by emailing info@digitalguestlist.com.
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