This website, the name digispawn.com, its sub-sites, it’s social networks and its content is copyright of Kaushal Kapoor. Kaushal Kapoor is the sole owner of DigiSpawn, www.digispawn.com, its sub-sites, it’s social networks and its content. All rights reserved.
These Terms govern your use of the websites, applications and software operated by Kaushal Kapoor & DigiSpawn and its subsidiaries (collectively “DigiSpawn” “we” “us” or “our”), and related services including emails, newsletters and sweepstakes (with the websites, applications and software, the “Service”). Additional terms and conditions of use applicable to specific areas of the Service may also be posted in such areas and, together with these Terms, govern your use of those areas and are referred to as the “Agreement.”
We reserve the right, in our discretion, to change or modify all or any part of the Terms at any time, effective immediately upon notice published on this page. Your use of the Service constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by DigiSpawn as permitted above. Please be sure to review this Agreement periodically to ensure familiarity with the most current version. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Service. It is your responsibility to refer to these Terms on accessing the Service.
COPPA: The Service is directed to teenagers and adults and is not directed to children under the age of 13. You must be 13 years of age or older to use the Service. DigiSpawn complies with the Children’s Online Privacy Protection Act and does not permit registration by, and will not knowingly collect personally identifiable information from, anyone under 13. By registering for any Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a member of the Service (“Member”). Creating a Member account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the Service, and such accounts will be terminated by DigiSpawn.
The Services & the site content is not directed to children under the age of 13. Please be aware that certain areas on the Services contain mature content and you may be exposed to Content on the Services that you find offensive, indecent or objectionable. By using the Services you assume all risk associated with its use. We encourage parents to supervise their children’s use of the Services and maintain open communication regarding appropriate materials for use and viewing by their children. Note to Parents. If you have any concerns about the Services, please contact us via our online ‘contact us’ form.
As part of the registration process, you may be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive, or otherwise inappropriate, as determined by us in our sole discretion. You agree that your username and password is personal to you and should not be used to provide access to the Service to any other person or entity.
By using the Service, you represent and warrant that all registration information you submit is truthful and accurate and you agree to the accuracy of such information. In the event you compose a profile upon registering for the Service (the “Member Profile”) such profile must describe you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you. If you wish to view or change your profile, you can do so by editing your profile.
DigiSpawn is an entertainment website, marketing portal & content provider for (including but not limited to) indie developers, artists, entrepreneurs & game designers . The Indie industry is a vast thriving network that expands from films, videogames, music, technology to artists & business. However for a industry booming with talent & skills, marketing and promotions are unfortunately too expensive and time consuming & effective marketing & promotions come with ‘strings-attached’ publishers. DigiSpawn aims to bridge that gap and bring Indies at par with the AAA industry by providing free (and paid) marketing plans to all as per your choice and requirement with no strings attached.
Marketing & promotions would require clients to share their personal information such as: Name, Email, Address, Phone Number, Portfolio, Resume, Skill Sets etc. & project related information such as Project Name, Platform, Project Genre etc. purely for promotional purposes. For instance, in the case of a visual artist or musician looking for freelance opportunities we would need their contact information, skill sets, work samples, portfolio/resume etc. and in case of a game developers looking for content and promotions for their game we would need their personal information like Name, Email, their Social Network information, Phone number, Address and project related information such as Game name, platform, crowdfunding platform & more. If you are not comfortable with sharing your information, do not use this website. By using this Site, you signify your acceptance of this policy.
DigiSpawn features forums and social network functionality in form of bbpress and buddypress respectively which essentially makes digispawn.com a network where anyone can sign up, communicate, identify and collaborate with other members which would often lead to them sharing their Personal Identifiable Information with each other. Digispawn is not responsible for the information the participants share amongst each other and the resulting consequences of it.
If you are an artist and you agree to DigiSpawn’s service to promote your artistic skills, your potrfolio or your artwork/project then you agree to the below rules. If you tag DigiSpawn’s social networks in your artwork post/tweet etc. then you agree to allow DigiSpawn contact you and share and promote your artwork on its social channels. The same rules apply in that case as well:
- You agree to allow DigiSpawn to share & promote your artwork with or without a link to your portfolio, your name/handle/tag/ID and/or your profile across all our social networks and website(s).
- It is the artist’s or the person representing him/her’s responsibility to watermark their own artwork.
- You allow DigiSpawn to resize your artwork as per style and format requirements to achieve the best look while sharing the artwork on social channels and the website.
- You agree to allow DigiSpawn to feature your artwork on its website content.
- You agree that Kaushal Kapoor and DigiSpawn are not responsible for any plagarism and/or copyright infrigement of artwork/art samples/content submitted by the use and it is the user’s responsibility to ensure copyright protection of his/her by watermarking techniques etc. The user is completely responsible for the content submitted by him/her.
If the above terms in Part I, Part II and Part III of section DigiSpawn are not acceptable to you then do not proceed in using this website. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
Use of Content
You acknowledge that the Service contains information, software, articles, reviews, photographs, audio and video clips, graphics, links, logos, trademarks, the “look and feel” of our websites, applications and software and other material (collectively, the “Content”) that are protected by copyright, trademark or other proprietary rights of DigiSpawn and Kaushal Kapoor. All Content on the Service is copyrighted as a collective work of DigiSpawn pursuant to applicable copyright law. You agree to comply with all copyright laws and any copyright notices, information, or restrictions contained in any Content available on or accessed through the Service. Users of the Service may use the Content only for their personal, noncommercial use. Businesses, organizations or other legal entities may not become Members (defined below) and are not permitted to use the Service for any purpose, including but not limited to collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of, or linking to, the Service.
Except as expressly permitted, you may not
- Modify, publish, transmit, reproduce, create derivative works from, distribute, perform, display, sell, transfer or in any way exploit any of the Content or Material (defined below), in whole or in part.
- Use any robot, spider, site search and/or retrieval application, or other device to retrieve or index any portion of the Service. Content consisting of downloadable software may not be reverse engineered unless specifically authorized by the owner of the software’s patent and/or copyright. You also agree not to circumvent, disable or otherwise interfere with any security related features of the Service or the Content, including features that prevent or restrict use or copying, or that enforce limitations on use.
You may post on the Service only content owned by you (such as your original statements or video clips), content for which you have received express written permission from the owner and content in the public domain (collectively, the “Material”). You assume all risk and responsibility for determining whether any Material is in the public domain. You hereby grant, transfer and assign to DigiSpawn and its successors, assigns and licensees (collectively, “Licensee”) a fully-paid, royalty-free, irrevocable, perpetual, worldwide right and license to publish, distribute, reproduce, transmit, use, translate, display, perform, modify, revise, create derivative works of and archive the Material, in any form or media now known or hereafter developed (including without limitation in print, magnetic or electronic form), on any number of occasions in any form, and to sublicense third parties (including other users of the Service) to do any of the foregoing with further right of sublicense (the “License”), without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the preceding sentence and that the exercise by Licensee of Licensee’s rights under the License shall not violate any laws, defame or libel any person, invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person (including without limit any copyright or moral right).
The digispawn.com logo is copyright of Kaushal Kapoor and may not be used without prior permission. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- You may print or download to a local hard disk extracts for your personal and non-commercial use only. You may copy sections, but not all, of an article for your own, non commercial, use but only if you acknowledge the website as the source of the material. This acknowledgement must be made before the article is quoted and the acknowledgement must contain the link to the original article. The copying of entire articles is not permitted.
- Unless stated otherwise, all content owned by digispawn.com and Kaushal Kapoor can be redistributed in accordance with the guidelines set by the Creative Commons Attribution-Noncommercial license. To summarize, you are allowed to reprint digispawn.com and Kaushal Kapoor’s owned content if the content is used for a noncommercial purpose and you provide attribution to digispawn.com in a clear and proper manner; for more detailed information please check out CreativeCommons.org.
- You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Reuse of copyrighted information (including but not limited to pictures, interviews, features, videos, audio, posts, articles, pages, content etc.) will be prosecuted to the fullest extent of the law.
All the content contained in the website can now be referred to as ‘Services’. The content included in the Services/Website, including all Web site design, text, graphics, photos, audio, video, the selection and arrangement thereof, and all software that are part of the Services (collectively, the “Content”) is owned or licensed by DigiSpawn and Kaushal Kapoor. All Content is made available to you for your personal, non-commercial use and may be stored on a computer only for such use. The Content is protected by copyright, trademark, service mark, patent and other proprietary rights and laws. Publication, sale, redistribution in any form or medium, as well as modification or use of the Content, except as expressly permitted, is prohibited without the prior written permission of Kaushal Kapoor.
Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and DigiSpawn and Kaushal Kapoor will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.
You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another’s privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.
The Services may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through DigiSpawn’s third-party providers, including but not limited to advertisers, content and ecommerce providers (collectively “Third-Party Services”). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. DigiSpawn and Kaushal Kapoor do not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. DigiSpawn and Kaushal Kapoor do not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your use or interaction with Third-Party Services.
You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, “Post”). “User Content” means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, game ratings, data, notes and testimonials; poll votes; images; audio or video files; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that DigiSpawn and Kaushal Kapoor does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that Kaushal Kapoor and DigiSpawn does not pre-screen User Content, and has no obligation to do so, but that DigiSpawn, Kaushal Kapoor and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is Posted on or through the Service.
A small number of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the services that may include videos with pulsating light patterns. Certain conditions may induce previously undetected epileptic symptoms even in users with no history of such symptoms. Consult your physician prior to use of the services if you have had any of these symptoms and discontinue use of the services immediately if you experience dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation or involuntary movements or convulsions.
Rules of Conduct
DigiSpawn has the right, but not the obligation, to investigate any illegal and/or unauthorized use of the Service and appropriate legal action may be taken, including without limitation, civil, and injunctive relief. While utilizing the Service, you may not:
- Use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services, or to solicit users to join competitive online services;
- Post on the Service any links to any external Internet sites that are obscene or pornographic, or display pornographic or sexually explicit material of any kind;
- Reformat or frame any portion of any web page that is part of the Service;
- Post Material containing restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- Submit any Material that falsely implies sponsorship or endorsement of that Material by the Service and/or DigiSpawn, falsify or delete any author attributions in any Materials, or promote any information that you know is false or misleading;
- Transmit any viruses, worms, defects, Trojan horses or other items of a contaminating or destructive nature through the Service or otherwise attempt to interfere with the proper working of the Service or the use and enjoyment of the Service by other users;
- Promote an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or videos or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- Submit Material, or engage in any activity, that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, and unlawful or promotes or encourages illegal activity;
- Harvest or collect email addresses or other contact information of other users by electronic or other means.
The above is not a complete list of illegal and/or prohibited uses of the Service.
Use of our Service is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Service.
Despite our rights outlined herein, you shall remain solely responsible for all Material you post. DigiSpawn has no obligation to pre-screen or monitor the Material you post, however DigiSpawn reserves the right to edit or remove any Content or Material on the Service, in whole or in part, and to disclose any information or take any action necessary to satisfy any applicable law, regulation, legal process or governmental request or to protect the rights, property or safety of DigiSpawn, its users and the public. You understand and agree that you may be exposed to such matters and that you further waive your right to any damages (from any party) related to such exposure.
DigiSpawn has the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Services;
- Change, suspend, or discontinue all or any part of our Services;
- Refuse, move, edit or remove any Material for any reason;
- Refuse, move, edit or remove any Content that is available on our sites;
- Deactivate or delete your account(s) and all related information and files in your account(s);
- Disclose your identity or other information about you to any third party who claims that Material posted by you violates their legal rights, including, but not limited to, their intellectual property rights or their right of privacy;
- Establish general practices and limits concerning use of our sites and Services.
You agree that DigiSpawn will not be liable to you or any third party for taking any of these actions. You understand and agree that our Services may include communications such as advertisements, service announcements and administrative messages from us or from our partners, and that these are considered part of the Services.
You agree to indemnify, defend and hold Kaushal Kapoor & DigiSpawn and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the “DigiSpawn Parties”) harmless from and against any and all claims, liability, losses, damages, costs and expenses (including attorneys’ fees) incurred by any DigiSpawn Party in connection with:
- Your use of, or connection to, our Service;
- Any use or alleged use of your accounts or your passwords by any person, whether or not authorized by you;
- The content, the quality, or the performance of Material that you submit;
- Your violation of the rights of any other person or entity
DigiSpawn reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with DigiSpawn’s defense of such claim.
Termination of Service
DigiSpawn reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the Service, including the discussion areas, at any time for any reason without prior notice or liability. Once your access terminates, you will have no right to use the Service. The terms of this Agreement shall survive any termination of your access. DigiSpawn may change, suspend or discontinue all or any aspect of the Service at any time, including the availability of any feature, database, or Content (including the discussion areas), without prior notice or liability.
DigiSpawn does not represent or endorse the accuracy or reliability of any Content or other material posted on any interactive area or elsewhere on the Service and you acknowledge that any reliance upon such Content or other material shall be at your sole risk. Any Content or other material placed on any interactive area by users represents the views of the user posting the statement, and does not represent the views of DigiSpawn.
The Service may contain links to sites on the Internet which are owned and operated by third parties (the “External Sites”). You acknowledge that DigiSpawn is not responsible for the availability of, or the content located on or through, any External Site. Any third-party content or a link to a third-party site is not an endorsement of that content or third-party site. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
Typically, we do not directly sell, resell, or license any of the products or the services that we review, list, or advertise on our sites, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between you and that third party. All product and deal information such as discount, price and availability are believed to be accurate as of the time of publication. Please verify these details with the merchant site and check the merchant’s terms and conditions before you buy. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor. However, in the event we do sell, resell, or license products or services, any terms and conditions related to your purchase or license of such products and services from us or any affiliates will be accessible on the applicable site page.
KAUSHAL KAPOOR MAY RECEIVE A COMMISSION, FEE AND/OR OTHER COMPENSATION ON SOME CLICKS OR PURCHASES MADE ON, THROUGH OR LINKED FROM THE SERVICE. THIS MEANS KAUSHAL KAPOOR MAY RECEIVE SOME FORM OF COMPENSATION THROUGH AN ARRANGEMENT IT HAS WITH A THIRD PARTY IF YOU (i) CLICK ON CERTAIN ADS OR LINKS ON OUR WEBSITES, EMAILS OR NEWSLETTERS, OR (ii) PURCHASE A PRODUCT OR SERVICE AFTER CLICKING A LINK.
Notification of claimed infringement must include the following:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or trademark interest;
- A description of the copyrighted work(s) or trademark(s) that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- Your address, telephone number, and email address;
- A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or trademark owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the copyright or trademark owner’s behalf.
If your materials have been removed due to alleged infringement of a third party’s intellectual property rights, DigiSpawn will notify you. If you believe your materials have been wrongly removed, you may file a counter-notification containing the following:
- An electronic or physical signature of the person authorized to act on your behalf;
- A description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled;
- A written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your address, telephone number, and email address; and
- A statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Upon DigiSpawn’s receipt of such counter-notice, DigiSpawn will provide the complainant with your contact information so that you have the ability to resolve the issue. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options. If the matter has been resolved or the complainant does not seek a court order within the statutory time period, we generally will re-post the material.
DigiSpawn reserves the right to remove any materials or content alleged to be infringing without prior notice, at DigiSpawn’s sole discretion, and without liability to you.
In appropriate circumstances, DigiSpawn will also terminate your account if you are determined to be a repeat infringer.
Any person who knowingly misrepresents that material is infringing or that material was removed or disabled by mistake or misidentification may be subject to liability.
Kaushal Kapoor is not liable for any infringement of copyrights, trademarks or other proprietary or intellectual property rights arising out of materials posted by others on or transmitted by others through the site, digispawn.com. If you believe that material posted on the site violates your rights , please contact me at [email protected] promptly so that I may investigate the situation and, if appropriate, block or remove the offending material.
Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. DigiSpawn, it’s owner/founder: Kaushal Kapoor, its affiliates, and their respective officers, directors, employees, agents, partners and licensors (collectively, the “DigiSpawn parties”) expressly disclaim all warranties of any kind, whether express, implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
The DigiSpawn parties make no warranty that:
- The services will meet your requirements,
- The services will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the services will be accurate or reliable,
- The quality of any products, services, information, or other material purchased or obtained by you through the services will meet your expectations,
- That your messages, data or information, in whatever form or medium, will not be lost,
- Any errors will be corrected. Any material downloaded or otherwise obtained through the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from any DigiSpawn party, or through or from the services will create any warranty not expressly stated in the user agreement.
You agree that the DigiSpawn parties will not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the DigiSpawn parties have been advised of the possibility of such damages), resulting from:
- The use or inability to use the services;
- The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the services;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of anyone on the services;
- Any other matter relating to the services.
You are solely responsible for your interactions with other Members of the Service. DigiSpawn reserves the right, but has no obligation, to monitor disputes between you and other Members.
We make no claims that any Material, Service or any Content is appropriate or may be downloaded outside of the United States or outside the country where such Material, Service or any Content was produced. Access to the Material, Services or any Content may not be legal in certain countries or for certain persons. If you access any Material, Services or Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. You agree to comply with: i) all local rules regarding user conduct on the Internet and acceptable content; and ii) all applicable laws regarding the downloading and/or transmission of technical data and other material from or to the United States and the country in which you are located.
No Submission of Unsolicited Ideas
DigiSpawn does not accept unsolicited ideas of any kind, including ideas for: advertising; promotions; new products, technologies, processes, or materials; marketing plans; or product names. Please do not send us any such ideas or materials relating to such ideas. This is to avoid any potential misunderstanding or dispute should our products or marketing strategies seem similar to unsolicited ideas submitted to us. If, despite this request, you do send us any unsolicited ideas or materials, we make no assurances that such ideas or materials will be treated as confidential or proprietary.
9. Disclaimer of Warranties; Limitation of Liability.
The Service and the Content are distributed on an “as is, as available” basis. None of DigiSpawn, third party content providers or their respective agents makes any warranties of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose, with respect to the Service, any Content or any products or services sold through the Service. Neither DigiSpawn nor any third party content provider warrants that any files available for downloading through the Service will be free of viruses or similar contamination or destructive features. Neither DigiSpawn nor any third party content provider warrants that any of the goods or services linked to or advertised in the Service comply with data protection or other relevant legislation and DigiSpawn accepts no liability whatsoever for any claim arising from such goods or services.
You expressly agree that the entire risk as to the quality and performance of the Service and the accuracy or completeness of the Content is assumed solely by you and DigiSpawn cannot guarantee the continued availability of any particular component of the Service. You specifically acknowledge that DigiSpawn is not responsible or liable for any unauthorized access to or alteration of your Materials, data or other transmissions entered into through the Service or for any threatening, defamatory, obscene, offensive or illegal Content or for conduct of any other party or for any infringement of another’s rights.
DIGISPAWN SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. DIGISPAWN, ANY THIRD PARTY CONTENT PROVIDER AND THEIR RESPECTIVE AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OR CORRUPTION OF INFORMATION OR DATA, LOSS OF BUSINESS OR LOST PROFITS, LOSS OF REPUTATION OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, DIGISPAWN IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF DIGISPAWN SHALL IN NO EVENT EXCEED THE GREATER OF (I) LIMITED 1 MONTH PREMIUM SUBSCRIPTION TO DIGISPAWN SERVICES, OR (II) US$50.00.
Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, the liability of DigiSpawn, third party content providers and their respective agents shall be limited to the greatest extent permitted by law.
IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH YOUR USE OF A SITE, YOU RELEASE DIGISPAWN FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE, AND AGREE TO HOLD DIGISPAWN HARMLESS IN CONNECTION WITH ANY SUCH DISPUTE.
DigiSpawn may change the User Agreement at any time and the changes will become effective the same day after posting the revised User Agreement (the “Effective Date”). You are responsible for checking periodically for changes and your continued use of the Services after the Effective Date indicates your acceptance of the new User Agreement.
If the above terms included in this copyright policy are not acceptable to you then do not proceed in using this website. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.