ACCEPTANCE OF TERMS OF USE #

DigitalIRC provides you with access to a variety of resources on this website or any service provided, including documents, photographs, videos, and other graphical, textual or audio-visual content (“Content”), software and computer code, and communication forums and other services (“Services”). The Content, Software, Services and all other aspects of this website or any service provided are subject to these Terms of Use. DigitalIRC reserves the right to update these Terms of Use at any time without notice to you. The applicable and most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of our web pages.

By accessing or using this website or any service provided or any service in any way, you agree to and are bound by the terms of this Terms of Use. If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this website or any service provided.

PRIVACY AND PROTECTION OF PERSONAL INFORMATION #

See the Privacy Statement for disclosures relating to the collection and use of your information.

SOFTWARE #

All Software that is made available to download from the website or any service provided is the copyrighted work of DigitalIRC or its suppliers. Your use of Software is governed by the terms of the license agreement, if any, that accompanies or is included with the Software.

If this website or any service provided provides any Software (such as javascript) to your computer’s browser and does not include a license agreement, then DigitalIRC grants you the right to use that Software solely to interact through your browser with this website or any service provided. If any Software contains a copyright notice or similar indication of ownership that indicates it is owned by someone other than DigitalIRC, and it includes its own license agreement, then that Software is licensed to you by that other party and not DigitalIRC, and DigitalIRC grants you no intellectual property rights (express or implied) with respect to that Software.

CONTENT #

All Content is the copyrighted work of DigitalIRC or its suppliers. Use of the Content is governed by the terms of the license agreement, if any, that accompanies or is included with the Content.

If any Content is made available to you on this website or any service provided without a license agreement, then you may make a reasonable number of copies of the Content for your internal use in designing, developing, and testing your software, products and services. You must preserve the below copyright notice in all copies of the Content and ensure that both the copyright notice and this permission notice appear in those copies.

Except as provided above in this section, no portion of the website or any service provided may be copied, imitated, published, transmitted, broadcast or distributed, in whole or in part.

CONTENT ACCESSIBLE ONLY TO INVITED PARTICIPANTS #

Certain portions of this website or any service provided are accessible only to users who are invited to participate, for example as part of a program for using pre-release Software and providing feedback to DigitalIRC. All information available in those portions of this website or any service provided or concerning Content or Software available in those portions of this website or any service provided are confidential information of DigitalIRC. For a period of five years from the time you accessed this confidential information, you may not disclose this confidential information to any third party. This restriction will not apply to any information that is or becomes publicly available without a breach of this restriction, was lawfully known to the receiver of the information without an obligation to keep it confidential, is received from another source who can disclose it lawfully and without an obligation to keep it confidential, or is independently developed. You may disclose this confidential information if required to comply with a court order or other government demand that has the force of law. Before doing so, you must seek the highest level of protection available and, when possible, give DigitalIRC enough prior notice to provide a reasonable chance to seek a protective order.

NOTICES REGARDING SOFTWARE, CONTENT, APIs, SERVICES AND INFORMATION AVAILABLE ON THIS WEBSITE OR ANY SERVICE PROVIDED #

THE SOFTWARE, CONTENT, APIS AND SERVICES, AND INFORMATION AVAILABLE FROM THIS website or any service provided OR THE SERVICES, ARE WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF A SEPARATE AGREEMENT THAT COVERS THE APPLICABLE SOFTWARE, CONTENT, APIS, SERVICES AND INFORMATION. EXCEPT AS WARRANTED IN THAT SEPARATE AGREEMENT (IF ANY), DigitalIRC CORPORATION AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, CONTENT, APIS, SERVICES AND INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL DigitalIRC OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, CONTENT, APIS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES OR THIS website or any service provided.

DigitalIRC may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the Content, Software or Services. Except as expressly provided in any written license agreement from DigitalIRC, the furnishing of Content, Software or Services does not give you any license to these patents, trademarks, copyrights, or other intellectual property.

RESERVATION OF RIGHTS #

DigitalIRC reserves all rights not expressly granted under these terms of use, and no other rights are granted under these terms of use by implication or estoppel or otherwise.

MEMBER ACCOUNT, PASSWORD, AND SECURITY #

If any of the Services requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify DigitalIRC immediately of any unauthorized use of your account or any other breach of security. DigitalIRC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by DigitalIRC or another party due to someone else using your account or password. You may not use anyone else’s account without the permission of the account holder.

PROHIBITED USE OF SERVICES #

For any communities on this website or any service provided, you must follow the DigitalIRC Communities Rules of Conduct.

As a condition of your use of Services, you will not use them for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any DigitalIRC server, or the network(s) connected to any DigitalIRC server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any DigitalIRC server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

The Services may contain e-mail services, bulletin board services, chat areas, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not:

Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

DigitalIRC has no obligation to monitor the Communication Services. However, DigitalIRC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion.

DigitalIRC reserves the right at all times to disclose any information as DigitalIRC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DigitalIRC’s sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children and business sensitive information in any Communication Services. DigitalIRC does not control or endorse the content, messages or information found in any Communication Services, and DigitalIRC specifically disclaims any liability with regard to the Communication Services. Managers and hosts are not authorized DigitalIRC spokespersons, and their views do not necessarily reflect those of DigitalIRC.

Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction or dissemination. You are responsible for adhering to such limitations if you download the materials.

SUBMISSIONS PROVIDED TO THIS WEBSITE OR ANY SERVICE #

DigitalIRC does not claim ownership of code, content, comments, feedback, suggestions, information or materials that you provide via this website or any service provided or any Services (“Submission”). However, by providing a Submission, you are irrevocably granting DigitalIRC and its affiliated companies the right to make, use, modify, distribute and otherwise commercialize the Submission in any way and for any purpose (including by granting the general public the right to use your Submissions in accordance with this website or any service provided’s Terms of Use, which may change over time), and the right to publish your name, city of residence, and e-mail address in connection with your Submission. These rights are granted under all applicable intellectual property rights you own or control.

No compensation will be paid with respect to the use of your Submissions. DigitalIRC is under no obligation to post or use any Submission, and DigitalIRC may remove any Submission at any time.

By providing a Submission you warrant that you own or otherwise control all of the rights to your Submission and that your Submission is not subject to any rights of a third party (including any personality or publicity rights of any person).

TERMINATION #

DigitalIRC reserves the right to terminate your access to any or all of the Services at any time, without notice, for any reason whatsoever.

LINKS TO THIRD PARTY SITES #

SOME LINKS ON THIS SITE WILL LET YOU LEAVE THE DigitalIRC website or any service provided. DigitalIRC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY DigitalIRC OF THE SITE.

YOU ACKNOWLEDGE AND AGREE THAT: (i) DigitalIRC DOES NOT CONTROL, REVIEW, REVISE, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS, PROJECTS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) DigitalIRC MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR MATERIALS OR SERVICES; (iii) ANY DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) DigitalIRC SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES.