Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Digital Clipboard, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
1. Responsibility of Contributors. If you comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
2. By submitting Content to Digital Clipboard for inclusion on the Website, you grant Digital Clipboard a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content. If you delete Content, Digital Clipboard will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
3. Without limiting any of those representations or warranties, Digital Clipboard has the right (though not the obligation) to, in Digital Clipboard’s sole discretion (i) refuse or remove any content that, in Digital Clipboard’s reasonable opinion, violates any Digital Clipboard policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Digital Clipboard’s sole discretion.
4. Responsibility of Website Visitors. Digital Clipboard has not reviewed, and cannot review, all of the material, including computer software, posted to the Website by external persons, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Digital Clipboard does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Digital Clipboard disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
5. Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which digitalclipboard.com links, and that link to digitalclipboard.com. Digital Clipboard does not have any control over those non-Digital Clipboard websites and webpages, and is not responsible for their contents or their use. By linking to a non-Digital Clipboard website or webpage, Digital Clipboard does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Digital Clipboard disclaims any responsibility for any harm resulting from your use of non-Digital Clipboard websites and webpages.
6. Copyright Infringement and DMCA Policy. As Digital Clipboard asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by digitalclipboard.com violates your copyright, you are encouraged to notify Digital Clipboard in accordance with Digital Clipboard’s Digital Millennium Copyright Act (“DMCA”) Policy. Digital Clipboard will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Digital Clipboard will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Digital Clipboard or others. In the case of such termination, Digital Clipboard will have no obligation to provide a refund of any amounts previously paid to Digital Clipboard.
7. Intellectual Property. This Agreement does not transfer from Digital Clipboard to you any Digital Clipboard or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Digital Clipboard. Digital Clipboard, digitalclipboard.com, the digitalclipboard.com logo, and all other trademarks, service marks, graphics and logos used in connection with digitalclipboard.com, or the Website are trademarks or registered trademarks of Digital Clipboard or Digital Clipboard’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Digital Clipboard or third-party trademarks.
8. Changes. Digital Clipboard reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Digital Clipboard may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
9. Termination. Digital Clipboard may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your digitalclipboard.com account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Disclaimer of Warranties. The Website is provided “as is”. Digital Clipboard and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Digital Clipboard nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
11. Limitation of Liability. In no event will Digital Clipboard, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Digital Clipboard under this agreement during the twelve (12) month period prior to the cause of action. Digital Clipboard shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.