Digital Signage University™
Web Site Terms and Conditions
Last Revised
March 22, 2006
THESE TERMS AND CONDITIONS
GOVERN YOUR USE OF THE Digital Signage University WEBSITES
(THE "WEBSITES") OPERATED BY .
("Digital Signage University"). BY USING THE WEBSITES, YOU
ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND
AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO
NOT ACCEPT AND AGREE TO THESE TERMS AND CONDITIONS, YOU MAY
NOT USE THE WEBSITES.
1. CHANGES TO THESE TERMS
AND CONDITIONS
Digital Signage University
may, in its discretion, change, supplement or amend these
Terms and Conditions as they relate to your future use of
the Websites from time to time, for any reason, and without
any prior notice or liability to you or any other person, by
posting the modified Terms and Conditions on the Websites.
You may not change, supplement, or amend these Terms and
Conditions in any manner. Each time you use the Websites,
you acknowledge and signify that you have read, understood,
and agreed to be bound by these Terms and Conditions as they
then read.
2. THE Digital Signage
University CUSTOMER AGREEMENT
These Terms and Conditions
supplement the Digital Signage University Customer
Agreement, which applies to registered Digital Signage
University customers.
3. PERMISSION TO USE THE
WEBSITES
The Websites may be accessed
and used only by individuals who are able to enter into
legally binding and enforceable contracts. Users of the
Websites must comply with all applicable laws. The Websites
may not be used by persons in jurisdictions where access to
or use of the Websites or any part of them may be illegal or
prohibited. If you breach any provision of these Terms and
Conditions, you may no longer use the Websites. Digital
Signage University may in its discretion refuse permission
to access and use the Websites.
The Websites are made
available to you for your lawful, personal, non-commercial
use only. You may access and browse the Websites only using
commercially available, SSL-capable Web browser software.
You may print or download the pages of the Websites for your
personal, non-commercial use, provided that you do not
modify any of the pages or other content and you do not
remove or alter any visible or non-visible identification,
marks, notices, or disclaimers. The Websites and their
content may not be copied, imitated, reproduced,
republished, uploaded, posted, transmitted, modified,
indexed, catalogued, or distributed in any way, in whole or
in part, without the express prior written consent of
Digital Signage University. You may not reproduce, copy,
duplicate, sell, or resell any part of the Websites or
access to the Websites.
4. DISCLAIMER
The Websites are provided on
an "as is" and "as available" basis, and without any
representations, warranties or conditions of any kind,
whether express or implied, and including without limitation
implied conditions, warranties or representations of
merchantability, fitness for a particular purpose,
performance, durability, security, availability, or
accessibility, all of which are hereby disclaimed by Digital
Signage University to the fullest extent permitted by law.
You are solely responsible for: (a) obtaining, configuring
and maintaining all computer hardware, software, telephone
services, and other equipment and services necessary for You
to access and use the Websites; (b) scanning for and
preventing the receipt and transmission of viruses, trojan
horses, worms or other destructive or disruptive components;
and (c) maintaining a complete and current backup of all of
the data contained on your computer system prior to
accessing or using the Websites.
Regardless of the nature of
the claim or the reasons for the loss and damages, Digital
Signage University’ liability is limited to foreseeable and
direct damages only. Digital Signage University will not
under any circumstances be liable to you or any other person
for any loss of use, loss of production, loss of income or
profits (anticipated or otherwise), loss of markets,
economic loss, special, indirect or consequential loss or
damage or punitive damages, whether in contract, tort or
under any other theory of law or equity, arising from,
connected with, or relating to the use of the Websites by
you or any other person.
In no event will Digital
Signage University’ total liability to you or any other
person for any claims, proceedings, liabilities,
obligations, damages, losses, and costs, whether in
contract, tort or under any other theory of law or equity,
and regardless of any negligence or other fault or
wrongdoing by Digital Signage University or any person for
whom Digital Signage University is responsible, exceed the
lesser of US$25 or the purchase price of the Item that is
the subject of the claim.
The exclusion of certain
warranties and the exclusion or limitation of certain
liabilities is prohibited by law in some jurisdictions. Such
limitations may apply to you. The warranty disclaimer and
liability exclusion and limitation clauses survive
indefinitely after the termination of this Agreement.
5. NO ADVICE
The Websites are not intended
to be a comprehensive or detailed statement concerning the
matters addressed; professional or expert advice or
recommendations; or an offer or recommendation to sell or
buy any book or other item, product or service. You should
seek appropriate, qualified professional advice and
recommendations before acting or omitting to act based upon
any information provided on or though the Websites.
6. COMMUNICATIONS
Communications sent to
Digital Signage University by means of the Websites or email
are not considered delivered or effective unless and until
they are actually received and processed by Digital Signage
University’ responsible representative.
7. WEBSITE CONTENT
Digital Signage University is
not obliged to monitor, screen, police or edit the use of
the Websites, including postings of materials to the
Websites, although Digital Signage University reserves the
right to do so in its discretion. Digital Signage University
will respond as it considers appropriate, in its discretion,
if it becomes aware of any inappropriate uses of the
Websites, including without limitation uses that constitute
copyright infringement.
8. OWNERSHIP OF THE WEBSITES
Copyright © Digital Signage
University All Rights Reserved. The Websites and their
content (including all information in text, graphical, video
and audio forms, images, icons, software, design,
applications and other elements available on or through the
Websites) are the property of Digital Signage University and
others, and are protected by international copyright and
other laws. Your use of the Websites does not transfer to
you any ownership or other rights in the Websites or their
content.
9. TRADEMARK INFORMATION
Digital Signage University™,
Digital Signage University.COM™, , the Digital Signage
University logo, are registered and unregistered
trademarks, service marks, and trade names owned or licensed
by Digital Signage University. Other product and company
names and logos appearing on the Websites may be registered
or unregistered trade names, trademarks and service marks of
their respective owners. Any use of the trade names,
trademarks, service marks and logos (collectively "Marks")
displayed on the Websites, except as expressly provided in
these Terms and Conditions, is strictly prohibited. Nothing
appearing on the Websites or elsewhere shall be construed as
granting, by implication, estoppels, or otherwise, any
license or right to use any Marks displayed on the Websites.
10. OTHER SITES
The Websites may include
advertisements for, and links to, other websites or
resources and businesses operated by other persons,
including booksellers ("Other Sites"). Other Sites are
independent from Digital Signage University, and Digital
Signage University has no responsibility or liability for or
control over Other Sites, their business, goods, services,
or content. Links to Other Sites are provided solely for
your convenience. Digital Signage University does not
sponsor or endorse any Other Sites or their content or the
goods or services available through those Other Sites. Your
use of Other Sites and your dealings with the owners or
operators of Other Sites is at your own risk, and you shall
not make any claim against Digital Signage University
arising out of your use of any Other Sites or your dealings
with the owners or operators of any Other Sites.
12. PERSONAL INFORMATION
PRIVACY
Digital Signage University
collects, uses, and discloses your personal information in
accordance with its Privacy Policy.. Digital Signage
University may change its Privacy Policy from time to time
in its sole discretion. Each time you use the Website, you
consent to Digital Signage University’ collection, use and
disclosure of your personal information in accordance with
its Privacy Policy as it then reads without any further
notice or any liability to you or any other person.
13. UNSOLICITED SUBMISSIONS
If you send any unsolicited
ideas, suggestions or other materials, including ideas for
new advertising campaigns, new promotions, new or improved
goods, services or technologies, product enhancements,
processes, materials, marketing plans, or new product names
("Submissions") to Digital Signage University or the
Websites, you automatically grant (or warrant that the owner
of the Submissions grants) to Digital Signage University and
its assigns a perpetual, royalty-free, irrevocable,
unrestricted, non-exclusive, world-wide, assignable,
sub-licensable, right and license to use, copy, reproduce,
modify, adapt, publish, translate, create derivative works
from, distribute, perform, display and otherwise exploit the
Submissions or any ideas, concepts, know-how or techniques
associated with the Submissions for any purpose whatsoever,
commercial or otherwise, using any form, media or technology
now known or later developed, without providing compensation
to you or any other person, without any liability
whatsoever, and free from any obligation of confidence or
other duties on the part of Digital Signage University or
its assigns, and you agree, represent and warrant that all
moral rights in the Submissions are waived in favor of
Digital Signage University and its assigns.
14. SOFTWARE AGREEMENTS
Digital Signage University
may cause software to be available for you to download from
the Websites or through other websites. The software is
protected by copyright. These Terms and Conditions and the
software license agreement specific to the software govern
your downloading and use of the software.
15. OTHER MATTERS
These Terms and Conditions
and all related matters are governed solely by the laws of
Silverdale, Washington and applicable federal laws of
Washington state, excluding any rules of private
international law or the conflict of laws which would lead
to the application of any other laws.
If any provision of these
Terms and Conditions is found to be unlawful, void, or for
any reason unenforceable, then that provision shall be
deemed to be severed from the rest of these Terms and
Conditions and shall not affect the validity and
enforceability of any remaining provisions.
No consent or waiver by
either party to or of any breach by the other party of these
Terms and Conditions will be deemed or construed to be a
consent to or waiver of a continuing breach or any other
breach of these Terms and Conditions by that party. No
consent or waiver will be effective unless in writing and
signed by both parties.
Any rights not expressly
granted in these Terms and Conditions are reserved to
Digital Signage University.
These Terms and Conditions
are subject to change without notice.
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