Dig-It Games, LLC (“Dig-It Games”) controls the Site from its offices in Chevy Chase, Maryland, in the United States of America. Those persons accessing the Site do so on their own initiative and are responsible for compliance with any applicable local laws. The Site may not be available or appropriate for use in all locations.
The words "use" and/or "using" in this Agreement mean any time an individual, school class or group (a "user"), with or without the aid of a machine or device, accesses or attempts to access, interact with, use, display, view, print, copy, transmit, receive or exchange content or data or communicate with, the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, Service or feature of the Site, at any time or for any purpose. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct you or connect you to third party sites or pages. This is the entire and exclusive Agreement between you and Dig-It Games regarding use of our Site and it cannot be modified, except as specifically described below in Section 2.
1. REGISTRATION AND USE OF PASSWORD
PASSWORDS ARE ISSUED ON A PERSONAL BASIS. ACCORDINGLY, ALL CONTENT OR INSTRUCTIONS TRANSMITTED BY OR RECEIVED FROM ANYONE PRESENTING YOUR PASSWORD ON THE SITE WILL BE DEEMED BINDING ON YOU. You agree that you are solely responsible and liable for all actions taken using your password, whether or not made with your knowledge or authority. You agree to guard your password carefully. A failure to keep your password secure could enable others to engage in transactions through the Site. You will be legally responsible for any transactions undertaken by anyone who accesses the Site using your password.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
The entire contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, items, graphic material, databases, Applications, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and “look and feel” and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Dig-It Games and its parent and subsidiary companies, if any (“Affiliates”), and any of their successors and assigns, and any of their respective licensors, advertisers, suppliers, and operational service providers and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. On notice, we will act expeditiously to remove content on the Site that infringes the copyrights of others and we may disable access to the Site of anyone who repeatedly to infringes the intellectual property rights of others.
4. AGREEMENT TO DEAL ELECTRONICALLY
All transactions with or through the Site or Dig-It Games may, at our option, be conducted and executed electronically. In our sole discretion, we may keep records of any communications conducted via the Site. All electronic records are deemed received by you when they are properly addressed to you and the record enters an information processing system outside of our control or the record enters a region of an information processing system designated or used by you to receive electronic records or information.
5. RULES OF CONDUCT
Your use of the Site is subject at all time to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You agree not to use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests, pyramid schemes, multi-level marketing, or so-called "spamming" and "phishing";
• be libelous, defamatory, indecent, vulgar, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• contact anyone who has asked not to be contacted; "stalk" or otherwise harass anyone;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or to use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• affect us adversely or reflect negatively on us, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• unless with specific written permission from Dig-It Games, "frame" or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site;
• alter or modify any content on the Site;
• deep link or gain unauthorized access to any portion of the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose;
• unless approved by us, be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, time bombs, cancelbots, worms, Trojan horses, spyware, or other potentially harmful programs or other material or information;
• create a false identity for the purpose of misleading others or forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or
• collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.
6. LIMITED NON-COMMERCIAL LICENSE TO USE SITE AND APPLICATIONS
Dig-It Games grants you a limited license to use the Site only for the purposes of accessing, viewing or playing content, posting, placing product orders or for accessing information, Applications (as defined below) and services solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. “Applications” means certain computer programs, commonly referred to as “Apps,” including, instant messages, chat areas, bulletin boards, e-mail functions, software and services that allow you to download specific content from the Site to your computer to, for example, create greetings and puzzles.
Dig-It Games reserves the right to suspend or deny, in its sole discretion, your use of all or any portion of the Site as described in Section 12. Any rights not expressly granted to you herein are reserved to Dig-It Games. Minors should seek consent of their legal guardian before using this site.
7. LIMITED NON-COMMERCIAL LICENSE TO USE APPLICATIONS
Without limiting your obligations and restrictions described in Sections 5 and 6 above, your limited license to use the Applications is subject to the following additional conditions:
• Any Applications that are made available to you are the copyrighted work of Dig-It Games or its Affiliates or its suppliers. By downloading or using any Application from the Site you agree to the terms and conditions of this Agreement. Certain Applications may be owned by third parties and distributed under a third party end-user license agreement and you agree that Dig-It Games shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
• Unless expressly stated in writing from Dig-It Games, you are granted only a limited license to download and use the Application from a single computer for personal and non-commercial purposes. You may not make copies of or distribute the Application or electronically transfer the Application from one computer to another or over a network, nor may you separate any content from an associated Application. You may not decompile, reverse engineer, disassemble or otherwise attempt to “decode” the Application in any way. You may not rent, lease or sublicense the Application. You may not create derivative works of the Application and you may not export the Application in violation of any U.S. or foreign law, rule or regulation. All rights in Applications not specifically granted to you in writing by Dig-It Games are reserved to Dig-It Games.
• We may end our support of any Application at any time in our sole discretion.
8. WIRELESS MARKETING SERVICES AND PROMOTIONAL OPPORTUNITIES
We may provide users the opportunity to register for special promotions, services, news, programming and information delivered via text messaging and other wireless devices such as mobile phones. You must provide your consent to receive such information by complying with the specific terms related to such offering.
Under no circumstances will Dig-It Games or any Affiliates be responsible for any wireless email or text messaging charges incurred by a user or by a person that has access to a user's wireless device, telephone number, or email address.
At our sole discretion and without liability to any user, we may terminate our offer of any specific wireless marketing service or services or all wireless marketing services at any time without advance notice. We may provide notice of such terminations or changes on this Site.
9. USER COMMUNICATION FEATURES AND POSTINGS
Your comments, suggestions and information are important to us. Portions of this Site may provide you and other users an opportunity to participate in instant messaging, forum services, blogs, web communities and other message and communication facilities ("Communities") and may provide you the opportunity, through such Communities or otherwise, to submit, post, display, transmit and/or exchange (a) information, ideas, opinions, messages or other information ("Post" or "Postings") and (b) User Material. You agree that such Postings are the sole responsibility of the person from which such Postings originated. This means that you are solely responsible for the consequences of all Postings that you upload, post, email, transmit or otherwise make available via the Site. Postings do not reflect the views of the Site, Dig-It Games or its Affiliates. We reserve the right to monitor, edit or screen any Postings. If we determine, in our sole discretion, that any Posting does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to Post; (b) remove and delete Postings; (c) revoke your right to use the Site; (d) disclose any information that we deem necessary to ensure your compliance with all applicable laws and with this Agreement; or (e) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on the Site.
If a Posting originates from you or your account, you agree that: (a) the Site, Dig-It Games, and its Affiliates may use such Posting in whole or in part, anywhere, in perpetuity in or on any and all media, now known or hereafter devised, and alone or together or as part of other information, content and/or material of any kind or nature; and (b) you represent and warrant that the Posting was produced in compliance with all applicable laws and regulations.
You agree that we have the right to delete, limit, reduce, re-format or change your Postings in any manner that we may determine (although you will not be responsible for any such changes made).
10. CONTESTS, SWEEPSTAKES, AUCTIONS AND PROMOTIONS
From time to time, Dig-It Games, its Affiliates or the Site's operational service providers, suppliers, and advertisers, may conduct promotions through the Site, including auctions, contests and sweepstakes ("Promotions") that may be subject to Additional Terms and Rules.
11. HYPERLINKS TO THIRD PARTY SITES
12. DEACTIVATION/TERMINATION OF YOUR REGISTRATION OR USE
If you are registered to use the Site, you may deactivate your account on the Site, at any time and for any reason, by logging in to your account and then by clicking on the "My Account" link and then selecting the "Cancel My Account" option. We may terminate your use of and registration on the Site at any time and for any reason, with or without cause, without any liability or further obligation of any kind whatsoever to you or anyone else.
13. DISCLAIMER AND LIMITATIONS OF LIABILITY
THIS SITE, AND ALL MATERIALS, PRODUCTS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS, MATERIALS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site. You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site, including, without limitation, Postings and Materials associated with your use of the Site.
EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY ARISING FROM OR RELATING IN ANY WAY TO ANY AND ALL PRODUCTS AND MATERIALS. EXCEPT AS SPECIFICALLY MADE IN WRITING, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY AND EVERY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY AND ALL PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, DIG-IT GAMES, ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY DIG-IT GAMES, ITS PARENT COMPANIES OR ANY OF THEIR AFFILIATES OR AGENTS SHALL BE, AT DIG-IT GAMES' OPTION, (1) SUBSTITUTION OR REPLACEMENT OF ALL OR PART OF THE APPLICATION OR PRODUCT THAT GIVES RISE TO DAMAGES INCURRED BY YOU IN REASONABLE RELIANCE ON DIG-IT GAMES; OR (2) REFUND OF THE AMOUNT THAT YOU PAID TO DIG-IT GAMES. YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
14. ASSUMPTION OF RISKS AND MATURE CONTENT
YOU ASSUME ALL RISKS THAT THE SITE, CONTENT, USER MATERIALS, APPLICATIONS, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. YOU AGREE THAT DIG-IT GAMES AND ITS AFFILIATES OR AGENTS SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE, FOR AN OFFENSIVE LANGUAGE OR REFERENCES ENCOUNTERED WHEN PARTICIPATING IN ANY POSTINGS OR CHAT ROOMS.
You agree to indemnify, defend and hold the Site, Dig-It Games, its parent company and Affiliates, if any, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you, or public posting of your Postings.
17. INTERNATIONAL USAGE
This Site is controlled and operated by Dig-It Games from its offices within Maryland, United States of America. Dig-It Games makes no representation that the Site, Applications, or related information offered by Dig-It Games are appropriate for use or available in other locations. Those who access the Site from outside the United States are responsible for compliance with local laws, if and to the extent local laws are applicable.
18. LAW THAT APPLIES TO THIS AGREEMENT; MISCELLANEOUS TERMS
This Agreement and your use of the Site are governed by, construed and enforced in accordance with the internal substantive laws of the State of Maryland (notwithstanding Maryland's conflict of laws provisions) applicable to contracts made, executed and wholly performed in Maryland. For the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the state courts situated in Montgomery County, Maryland and the United States District Court for the District of Maryland (Southern/Greenbelt Division). You agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non-conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.
Except as expressly stated otherwise, any notices required or allowed under this Agreement shall be given to Dig-It Games by postal mail to: Dig-It Games, LLC, 4402 Elm Street, Chevy Chase, MD 20815, or as to a successor address that Dig-It Games makes available on the Site or through other reasonable manner.
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