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Terms of Use for all DIGLLOYD INC web sites

Last updated April 2, 2010

Includes diglloyd.com, MacPerformanceGuide.com and any/all other web sites owned or controlled by DIGLLOYD INC.

1. Acceptance of Terms

You agree that:

a. By (i) using this Web site or any other web sites of DIGLLOYD INC, its affiliates and agents ("DIGLLOYD") with links to these Terms of Use (the "General Terms") (the "Site") in any way, including using, transmitting, downloading or uploading any of the services or functionality ("Services") or Materials made available or enabled via the Site by DIGLLOYD or users of the Site ("Users"), (ii) e-mailing diglloyd.com via any company email address in connection with Services or Materials, or (iii) merely browsing the Site, you agree to these General Terms and the DIGLLOYD Online Privacy Policy at http://diglloyd.com/site-privacy.html, which is incorporated herein by reference. "Materials" includes any (x) information, data, documents, images, photographs, graphics, audio, videos, or webcasts, (y) products, and (z) DIGLLOYD software code and associated documentation ("Software"), in each case made available or enabled by DIGLLOYD or users of the Site.

b. You may not use the Services or Materials, or accept the General Terms, if (i) you are not of legal age to form a binding contract with DIGLLOYD, or (ii) you are prohibited by law from receiving or using the Services or Materials.

c. DIGLLOYD makes certain Services and Materials available only if you have paid a fee or have provided DIGLLOYD certain Registration Information (as such term is defined in the DIGLLOYD Online Privacy Policy) and/or created a DIGLLOYD ID and password or other log-in ID and password (collectively, "Account Information"). Some Services may also be subject to a subscription or other agreement, posted guidelines, rules, or terms of service ("Additional Terms"). If there is any conflict between the General Terms and the Additional Terms, the Additional Terms shall take precedence in relation to that Service. The General Terms and any applicable Additional Terms are referred to herein as the "Terms". For all such subscriptions, you consent to use of your email address for the purpose of communicating your account status, including expiration notices of a reasonable number.

d. DIGLLOYD may change the Terms from time to time at its sole discretion, including by imposing a charge for access to or use of a Service. If such changes are made, DIGLLOYD will make a new copy of the General Terms available at the Site, with any new Additional Terms made available to you from within or through the affected Service. DIGLLOYD may require you to provide consent to the updated Terms in a specified manner before further use of the Services is permitted. Otherwise, your continued use of the Site or any affected Service constitutes your acceptance of the changes. Your use of the Site, Materials and Services is subject to the most current version of the Terms posted on the Site, or within or through the affected Service, at the time of such use. Please regularly check the Site to view the then-current Terms.

e. Services and Materials provided to you by third parties, including, but not limited to, any such Services and Materials provided by Other World Computing (OWC), if any, are governed by separate agreements accompanying such Services and Materials. DIGLLOYD IS NOT RESPONSIBLE FOR OTHER WORLD COMPUTING (OWC)'S OR SUCH OTHER THIRD PARTIES' SERVICES AND MATERIALS. Please also refer to the disclaimer in Section 8 herein.

2. Use of Site, Services and Materials.

a. You agree to adhere to all limitations on dissemination, use and reproduction of any Materials that you download or access from the Site.

b. Unless expressly agreed to by DIGLLOYD in writing elsewhere, DIGLLOYD has no obligation to store any Materials that you upload, post, email, transmit or otherwise make available through your use of the Site or via the Services ("Your Content"). DIGLLOYD has no responsibility or liability for the deletion or accuracy of any Materials, including Your Content, the failure to store, transmit or receive transmission of Materials, or the security, privacy, storage or transmission of other communications originating with or involving use of the Services. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that DIGLLOYD retains the right to create reasonable limits on DIGLLOYD's use of the Materials, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the Services and as otherwise determined by DIGLLOYD in its sole discretion.

c. You agree that your Account Information (if any) will always be complete, accurate and up-to-date. It is your responsibility to keep your Account Information confidential at all times and you are solely responsible for all activity that occurs to your Account Information when you are logged in to your account. If you become aware of any unauthorized use of your account or Account Information, or any other breach of security, you agree to notify DIGLLOYD immediately. You may not use another person's Account Information. DIGLLOYD may require that you change your Account Information or certain parts of your Account Information at any time for any reason.

d. You agree to use the Services and the Materials only for purposes that are permitted by the Terms and any applicable law, regulation, or generally accepted practices or guidelines in any applicable jurisdiction (including any laws regarding the export of data or software to and from the United States or other applicable countries) ("Law").

e. You agree not to access or attempt to access the Services by any means other than the interface provided by DIGLLOYD.

f. You agree not to make unreasonable or excessive use of site resources eg robotic or repeated download via script or other means. Any access or use that degrades site performance beyond reasonable and customary impact from a single human user is expressly prohibited.

g. You agree that you will not share your username and/or password ("login credentials") with any individual or entity which would allow that person or entity to access or view the site, and that such login credentials sharing is grounds for immediate revocation and termination of site access, and all existing privileges with complete forfeiture of any and all subscription(s) and access right(s), in the broadest possible sense.

3. Ownership.

a. The Site, Services and Materials, and their selection and arrangement, are protected by copyright, trademark, trade dress, patent, trade secret, unfair competition, and other intellectual and proprietary rights (the "Intellectual Property Rights"). Except as expressly provided in the Terms, DIGLLOYD and its suppliers do not grant any express or implied rights to use the Site, Services and Materials.

b. The trademarks, logos and service marks displayed on the Site (the "Marks") are the property of DIGLLOYD or third parties. You are not permitted to use the Marks without the prior consent of DIGLLOYD or the third party that may own the Marks. DIGLLOYD and the DIGLLOYD logo are trademarks of DIGLLOYD Incorporated. For a current list of DIGLLOYD's Marks, as well as certain third party Marks, please refer to the posted trademark information at http://diglloyd.com/site-trademarks.html.

4. Use of DIGLLOYD Software.

a. Any Software that is made available via the Site is the property of DIGLLOYD and its suppliers. Use of such Software is governed by the terms of the license agreement that accompanies or is included with the Software, or by the license agreement expressly stated on the Site page(s) accompanying the Software. Some license terms are available for review http://macperformanceguide.com/Software-License.html and are incorporated herein by this reference. Other license terms may only be posted with the Software downloads or at the Site page where the Software can be accessed. You shall not use, download or install any Software that is accompanied by or includes a license agreement unless you agree to the terms of such license agreement. Unless the accompanying license agreement expressly allows otherwise, any copying or redistribution of the Software is prohibited, including any copying or redistribution of the Software to any other server or location, redistribution or use on a service bureau basis. If there is any conflict between the Terms and the license agreement, the license agreement shall take precedence in relation to that Software (except for as provided in the following sentence). If the Software is a pre-release version, then, notwithstanding anything to the contrary included within an accompanying license agreement, you are not permitted to use or otherwise rely on the Software for any commercial or production purposes.

b. If no license agreement accompanies the Software, use of the Software will be governed by the Terms. DIGLLOYD grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive license to use the Software for the sole purpose of enabling you to use the Services as provided by DIGLLOYD, in the manner permitted by the Terms. You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the Software. Notwithstanding the foregoing, decompiling the Software is permitted to the extent the laws of the jurisdiction where you are located give you the right to do so to obtain information necessary to render the Software interoperable with other software, provided, however, that you must first request the information from DIGLLOYD and DIGLLOYD may, in its discretion, either provide such information to you or impose reasonable conditions, including reasonable fees, on use of the Software to ensure that DIGLLOYD's Intellectual Property Rights in the Software are protected. Unless DIGLLOYD has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

c. The Software may automatically download and install updates from DIGLLOYD from time to time. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new Software modules and completely new versions. You agree to receive such updates (and permit DIGLLOYD to deliver these to you with or without your knowledge) as part of your use of the Services.

d. Any software provided by third parties, including, but not limited to, any such software provided by Other World Computing (OWC), if any, is governed by separate agreements accompanying such software.

5. Use of DIGLLOYD Materials, User Content and Shared Group Content.

a. Except as indicated to the contrary in any applicable Additional Terms, DIGLLOYD hereby grants you a license to view, download and print Materials provided by DIGLLOYD ("DIGLLOYD Materials") and any Materials provided by Users ("User Content"), except for Shared Group Content, subject to the following conditions:

i. You may access and use the DIGLLOYD Materials and User Content solely for personal, informational, non-commercial and internal purposes, in accordance with the Terms;
ii. You may not modify or alter the DIGLLOYD Materials or User Content;
iii. You may not distribute or sell, rent, lease, license or otherwise make the DIGLLOYD Materials or the User Content available to others; and 
iv. You may not remove any text, copyright or other proprietary notices contained in the DIGLLOYD Materials or User Content.

b. Some Services involve collaboration and file-sharing services among a specific group (a "Group") in conjunction with such collaboration and file-sharing ("Shared Group Content"). Members of a Group may use the Shared Group Content available to such Group in any manner that has been agreed upon by the User providing such Shared Group Content to the Group. It is your sole responsibility to determine what limitations, if any, are placed on Shared Group Content that you distribute within your Group. You agree that DIGLLOYD has no liability of any kind should members of your Group modify, destroy, corrupt, copy or distribute your Shared Group Content in violation of the limitations that you may impose on its use.

c. DIGLLOYD reserves the right to revoke the authorization to view, download and print the DIGLLOYD Materials and User Content at any time, and any such use shall be discontinued immediately upon notice from DIGLLOYD.

d. Software is subject to the additional provisions governing Software set forth herein.

e. The rights specified above are not applicable to the design, layout or look and feel of the Site. Such elements of the Site are protected by Intellectual Property Rights and may not be copied or imitated in whole or in part. No mark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by DIGLLOYD. In addition, various sections of the Sites may showcase the work of creative professionals. Such Materials (whether DIGLLOYD Materials or User Content) belong to their creators, may be protected by Intellectual Property Rights, and are for display purposes only. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.

6. User Conduct.

a. You agree that you, not DIGLLOYD, are entirely responsible for all of Your Content that you upload, post, email, transmit or otherwise make available on the Site or via the Services ("Make Available"), whether publicly posted or privately transmitted. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness.

b. You represent and warrant that: (i) you own the Intellectual Property Rights, or have obtained all necessary license(s) from the owners of the Intellectual Property Rights, to use Your Content in keeping with your use in connection with the Site, the Services or as otherwise permitted by the Terms; (ii) you have the rights necessary to grant the license and sublicenses described in the Terms; and (iii) you have received consent from any and all persons depicted in Your Content to use Your Content as set forth in the Terms, including distribution, public display, public performance and reproduction of Your Content.

c. You acknowledge and agree that by accessing or using the Site, Services or Materials, you may be exposed to Materials from others that may be considered offensive, indecent or otherwise objectionable.

d. You agree not to use, or to encourage or permit others to use, the Site or Services to:

i. Make Available any Material that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, obscene, child-pornographic, lewd, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
ii. Stalk, intimidate and/or harass another;
iii. Incite others to commit violence;
iv. Harm minors in any way;
v. Make Available any Material that you do not have a right to Make Available under any Law or contractual or fiduciary relationship;
vi. Make Available any Material that infringes any Intellectual Property Right of any party;
vii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
viii. Forge headers or otherwise manipulate identifiers to disguise the origin of any of Materials posted on or transmitted through the Services;
ix. Use the Site, Services or Materials such that it will mislead a User into believing that they are interacting directly with DIGLLOYD or any Service;

7. Use of Your Content

a. DIGLLOYD does not claim ownership of Your Content. However, except as provided in Section 7(b), you grant DIGLLOYD a worldwide, royalty-free, nonexclusive, perpetual, irrevocable, and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display Your Content (in whole or in part) and to incorporate Your Content into other Materials or works in any format or medium now known or later developed.

b. The terms of Section 7(a) shall not apply to Your Content:

i. When specifically agreed that Section 7(a) shall not apply in any Additional Terms that may accompany certain Services; or

ii. When Your Content is Made Available through Services that are intended for private communication or which allow you to limit public access to Your Content and you do in fact limit public access.

In the case of Your Content covered by Section 7(b)(i), you grant DIGLLOYD only those rights set forth in such Additional Terms.

In the case of Your Content covered by Section 7(b)(ii), you grant DIGLLOYD a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate Your Content solely for the purpose of enabling your use of the Service. You may revoke this license and terminate DIGLLOYD's rights at any time by removing Your Content from the Service.

8. Right to Derive Revenue

Except for Your Content subject to Section 7(b) above, you agree that DIGLLOYD may derive revenue and/or other remuneration from Your Content that you Make Available via the Services without payment to you. For example, DIGLLOYD may display DIGLLOYD and/or third party paid advertisements and/or other information adjacent to or included with the Services and adjacent to or in connection with Your Content, and you agree that you are not entitled to any compensation for any such advertisements. The manner, mode and extent of advertising or other revenue generating models pursued by DIGLLOYD on or in conjunction with the Services and/or Your Content are subject to change without specific notice to you.

9. Modifications to Site, Services and Materials.

DIGLLOYD may at any time and from time to time modify or discontinue, temporarily or permanently, the Site, Services, or Materials, or any portion thereof, with or without notice. You agree that DIGLLOYD shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, Services, or Materials.

10. Disclaimer

THE MATERIALS AND THIS SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DIGLLOYD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. DIGLLOYD DOES NOT WARRANT THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT DIGLLOYD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. DIGLLOYD MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CURRENCY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALL INFORMATION ON THIS SITE REGARDING PRICES, SERVICES AND PRODUCTS IS SUBJECT TO CHANGE WITHOUT NOTICE.

DIGLLOYD MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY THIRD PARTY SERVICES OR ANY WEB SITE WHICH YOU MAY ACCESS THROUGH THIS SITE. WHEN YOU ACCESS A NON-DIGLLOYD SITE, UNDERSTAND THAT IT IS INDEPENDENT FROM DIGLLOYD AND DIGLLOYD HAS NO CONTROL OVER OR RESPONSIBILITY FOR CONTENTS ON OR THE AVAILABILITY OF THAT WEB SITE. A LINK TO A NON-DIGLLOYD WEB SITE DOES NOT CONSTITUTE OR IMPLY AN ENDORSEMENT OR RECOMMENDATION BY DIGLLOYD. WITHOUT LIMITING THE FOREGOING, DIGLLOYD'S SITE AND COMMUNICATION MAY CONTAIN INFORMATION ABOUT OFFERS FOR PRODUCTS AND SERVICES THAT MAY BE OBTAINED ONLY BY LINKING TO THE MERCHANT WEB SITE TO COMPLETE THE TRANSACTION, INCLUDING, BUT NOT LIMITED TO, OTHER WORLD COMPUTING (OWC). TERMS OF THE OFFER SHOWN ON DIGLLOYD'S SITE AND COMMUNICATION, INCLUDING, BUT NOT LIMITED TO, PRICE, COLOR, QUANTITY, AVAILABILITY AND DESCRIPTION MAY VARY FROM THOSE SHOWN ON THE MERCHANT'S WEB SITE. DIFFERENCES IN THE TERMS OF AN OFFER BETWEEN WHAT IS DISPLYED IN CONNECTION WITH THE DIGLLOYD SITE AND COMMUNICTION AND WHAT IS OFFERED AT THE MERCHANT WEB SITE WILL BE GOVERNED SOLELY AND EXCLUSIVELY BY THE TERMS SHOWN ON THE MERCHANT WEB SITE. ANY DEALING THAT YOU MAY HAVE WITH SUCH MERCHANT OR THIRD PARTY, THEIR MATERIALS AND SERVICES ARE AT YOUR OWN RISK AND COST.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Legal disclaimer: Since we are not doctors, never follow anything based on health-related topics on this or related sites without first consulting with your doctor or other trusted health professional.

11. Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DIGLLOYD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE OR ON ANY OTHER HYPERLINKED WEB SITE OR ANY THIRD PARTY SERVICES, EVEN IF DIGLLOYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL DIGLLOYD'S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO DIGLLOYD, IF ANY, FOR ACCESSING THIS SITE OR ANY OTHER SERVICES OR PRODUCTS, BUT IN NO EVENT TO EXCEED US$10 (ten US dollars).

12. Notification of Copyright Infringement.

a. DIGLLOYD Respects the Intellectual Property Rights of others and expects its users to do the same. DIGLLOYD will respond to clear notices of copyright infringement consistent with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and its response to such notices may include removing or disabling access to the allegedly infringing content, terminating the accounts of repeat infringers, and/or making good-faith attempts to contact the user who posted the content at issue so that he may, where appropriate, make a counter-notification.

b. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is hosted on the DIGLLOYD Site, on sites linked to or from this Site, or in connection with the Services or Materials, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) of claimed copyright infringement to DIGLLOYD's Copyright Agent (contact information below), which must contain all of the following elements:

i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

ii. A description of the copyrighted work(s) that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;

iii. A description of where the content that you claim is infringing is located on the DIGLLOYD Site;

iv. Information sufficient to permit DIGLLOYD to contact you, such as your physical address, telephone number and e-mail address;

v. A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright owner, its agent or the law; and

vi. A statement by you that the information in your notice is accurate and, under penalty of perjury,that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Before you file such a notification, please carefully consider whether or not the use of copyrighted material at issue is protected by the "fair use" doctrine, as you could be liable for costs and attorneys' fees should you file a takedown notice where there is no infringing use. If you are unsure whether a use of your copyrighted material constitutes infringement, please contact an attorney before you file your notice or consult publicly available reference materials such as those found at www.chillingeffects.org.

c. If you believe access to Your Content was disabled or removed by DIGLLOYD as a result of an improper copyright infringement notice, please provide, pursuant to the DMCA, written notification via regular mail or via fax (not via e-mail or phone) to DIGLLOYD's Copyright Agent (contact information below), which must contain all of the following elements:

i. A physical or electronic signature of the subscriber;

ii. Identification of the material that was removed from the DIGLLOYD Site and the location of the DIGLLOYD Site on which the material appeared before it was removed;

iii. A statement 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;

iv. Information sufficient to permit DIGLLOYD to contact you, such as your physical address, telephone number and e-mail address; and

v. A statement that you consent to jurisdiction of the Federal District court for the district where you reside (or of San Mateo County, California if you reside outside of the United Sates) and that you will accept service of process from the person who provided notification under DMCA subsection (c)(1)(C) or an agent of such person.

Before you file such a counter-notification, please carefully consider whether or not the use of the copyrighted material at issue is infringing, as you could be liable for costs and attorneys' fees in the event that a court determines your counter-notification misrepresented that the material was removed by mistake. If you are unsure whether use of the material at issue constitutes infringement, please contact an attorney or consult publicly available reference materials such as those found at www.chillingeffects.org.

d. DIGLLOYD's Copyright Agent for notice of claims of copyright infringement can be reached as follows:

By mail:

Lloyd Chambers, Copyright Agent
DIGLLOYD INC
3130 Alpine Rd #288-256
Portola Valley, CA 94028

The Copyright Agent will not remove content from the DIGLLOYD Site in response to phone or email notifications regarding allegedly infringing content, since a valid DMCA notice must be signed, under penalty of perjury, by the copyright owner or by a person authorized to act on his or her behalf. Please submit such notifications by fax or ordinary mail only and as further described by this Section. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site, or in connection with the Services or Materials. All other inquiries directed to the Copyright Agent will not be responded to.

13. Legal jurisdiction

This agreement shall be governed by and construed in accordance with the laws of the State of California of the United States of America, without giving effect to any principles of conflicts of law. YOU AGREE THAT ANY CLAIM OR DISPUTE SHALL BE SUBJECT TO BINDING ARBITRATION, ADMINISTERED BY THE AMRICAN ARBITRATION ASSOCIATION ("AAA") UNDER THE JURISDICTION OF THE STATE OF CALIFORNIA, COUNTY OF SAN MATEO, OR SUCH OTHER PLACE AS THE EXECUTIVE OFFICE OF THE COMPANY WILL BE. If arbitration is found to be unenforceable, any action shall be brought in the courts of the State of California, county of San Mateo, or such other place as the executive office of the Company will be. You agree to submit to the personal jurisdiction of the arbitration bodies and courts located in San Mateo County, California, or such other place as the registered office of the Company will be, for the purpose of arbitrating or litigating such claims or disputes, as applicable. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods.

14. Indemnity and liability

You agree to indemnify and hold DIGLLOYD and its subsidiaries, affiliates, officers, agents, employees, co-branders or other partners, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Your Content, your use of the Site, Services or Materials, your connection to the Site, Services or Materials, the actions of any member of your Group, your access to or use of Linked Sites and your connections therewith, any claim that your content caused damage to a third party, any dealings between you and any third parties advertising or promoting via the Site, Services or Materials, your violation of the Terms, or your violation of any rights of another, including any Intellectual Property Rights.

15. License and usage; your own risk

You are being granted a limited license to view this site; it does not create or imply any contractual or extracontractual liability on the part of DIGLLOYD or any of its agents, employees, contractors, etc.

Make sure that you understand that the information provided here is being provided freely, and that no kind of agreement or contract is created between you and the owners or users of this site, the owners of the servers upon which it is housed, any project administrators, sysops or anyone else who is in any way connected with this site.

There is no agreement or understanding between you and DIGLLOYD regarding your use of this information contained on this site for any purpose whatsoever; you use the information provided here at your sole risk and discretion.

16. Investigations

a. DIGLLOYD, in its sole discretion, may (but has no obligation to) monitor or review the Services and Materials at any time. Without limiting the foregoing, DIGLLOYD shall have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if it violates the Terms or any Law.

b. Although DIGLLOYD does not generally monitor User activity occurring in connection with the Site, Services or Materials, if DIGLLOYD becomes aware of any possible violations by you of any provision of the Terms, DIGLLOYD reserves the right to investigate such violations, and DIGLLOYD may, at its sole discretion, immediately terminate your license to use the Site, Services, or Materials or change, alter or remove Your Content or Account Information, in whole or in part, without prior notice to you. If, as a result of such investigation, DIGLLOYD believes that criminal activity has occurred, DIGLLOYD reserves the right to refer the matter to, and to cooperate with, any and all applicable law enforcement authorities. Except to the extent prohibited by applicable Law, DIGLLOYD is entitled to disclose any information or Materials, including Your Content or Account Information (or elements thereof), in DIGLLOYD's possession in connection with your use of the Services to (i) comply with applicable Law, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the Terms or rights of third parties; (iv) respond to your requests for customer services; or (v) protect the rights, property or personal safety of DIGLLOYD, its Users or the public, and law enforcement or other government officials, as DIGLLOYD in its sole discretion believes to be necessary or appropriate.

17. Termination

DIGLLOYD reserves the right to terminate your use of the Site if you violate the Terms of Use or for any other reason in DIGLLOYD's sole discretion.

18. General

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision (i) shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions and (ii) shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

DIGLLOYD may provide you with notices, including those regarding changes to the Terms, by either one or more of the following means: email, regular mail, text message, postings on the Site or within the Services, or other reasonable means now known or hereafter developed.

You may not assign or otherwise transfer the Terms, or any right granted hereunder, without DIGLLOYD's written consent.

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