“Intellectual Property Rights” means rights protected by the laws of copyright, trademark, patents, trade secrets, patent and all other intellectual property rights.
“Materials” means all information, text, graphics, user interfaces, photographs, names, images, trademarks, sounds, music, artwork, data, tutorials, downloads, videos, webcasts, publications, software programs and products made available or enabled via the Site, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Materials.
“Services” means all services and resources offered or enabled via the Site, including without limitation, download areas, developer tools services, product and other information services.
RIGHTS for SINGLE-USER SUBSCRIPTION
RIGHTS for MULTI-USER SUBSCRIPTION
FEES, REFUNDS, & CANCELLATIONS
(a) Fees and Renewals
1) 3-month, 6-month, and 12-month subscriptions automatically renew on or near the same day of each subscription term (quarterly, bi-annually, or annually) unless disabled by the Subscriber.
2) Digizyme may increase subscription fees for subsequent periods at any time and for any reason.
All subscriptions are non-refundable. However, exceptions for extenuating circumstances will be considered (send mail to Customer Support).
Disabling auto renewal will cause us to stop automatically charging your credit card at the end of each subscription term. You will still be able to use your subscription until the end of the current subscription term. Disabling auto renewal does not refund your money, as subscriptions are non-refundable.
1) If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription. No refund of all or any portion of your subscription fee will be given.
2) Digizyme may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information.
3) Access to the Site under these Terms is granted only upon payment of the subscription fees.
PROHIBITED USE OF SITE
You may not copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, sell, distribute, display, perform, license or reverse engineer the Site, Materials or Services, any portions thereof or the selection and arrangement thereof except as expressly authorized herein. You may not use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.
Furthermore, in using the Site, you may not:
- Use or attempt to gain access to or use another’s account, password or computer systems or networks connected to any Digizyme server or to the Site, whether through hacking, password mining or any other means.
- Access or attempt to access any Materials that you are not authorized to access or Materials through any means not intentionally made available through the Site or Services.
- Use any Materials in any manner that infringes any Intellectual Property Rights or other rights of any party.
- Disrupt or interfere with the security of, or disable, overburden impair or otherwise cause harm to, the Site, or any Services, Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked sites.
- Compile, download or copy any Site user directory or other Site user or usage information, or distribute such information to any third party.
- Permit or provide others access to the library using your user name and password or otherwise, or the name and password of another authorized user.
- Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
- Use of any third party tools, scripts, or players to automate access to Digizyme’s content. The only allowed viewing mechanisms are the players published or advertised on the Site, and these may not be altered or enhanced in any way, including through the use of third party tools.
- Violate the rights of Digizyme or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Digizyme domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Digizyme.
- “Deep-link,” “page-scrape,” or use a “robot” or “spider” or other automatic or manual process, to access, acquire, copy or monitor any portion of the Site, or in any way reproduce or circumvent the navigational structure or presentation of the Site, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site.
- Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any Digizyme server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
- Probe, scan or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site.
- Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Digizyme’s systems or networks, or any systems or networks connected to the Site or to Digizyme.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Digizyme on or through the Site, Services, or Materials offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Use the Site for any purpose that is unlawful or to solicit the performance of any illegal activity or other activity which infringes the rights of Digizyme or others.
Digizyme, in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Digizyme may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Digizyme deems necessary to comply with applicable law, regulation, legal process or governmental request. You agree to use extra care when disclosing any personally identifiable information about yourself or your children in any Services or when you post or otherwise submit any Materials. Digizyme reserves the right to revoke the authorization to view, download and print the Materials available via this Site at any time, and any such use shall be discontinued immediately upon notice from Digizyme.
REGISTRATION, PASSWORDS AND USER NAMES
If you are required to establish an account in connection with a particular Service or Material, you must complete the designated registration process for such Service or Material. All required registration information that you provide must be current, complete and accurate and kept up to date on a prompt, timely basis. If required, you must also choose a user name and password for such account. It is your sole responsibility to keep your account number, user name, password and other sensitive information confidential. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Digizyme immediately. If any Services or Materials provide password-restricted access to your sensitive information (including customer lists and contractual terms), then by accessing or using this Site and setting up a password-restricted account for such Services or Materials, you consent to Digizyme’s display of such information via such Services or Materials and accept all risks of unauthorized access to such information.
USE OF MATERIALS
- The Materials may be accessed and used solely for personal and/or internal corporate purposes.
- The Materials may not be modified or altered in any way.
- The Materials may not be distributed, sold, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Materials.
- You may not copy or distribute any graphics in the Materials apart from their accompanying text.
- You will not quote or display Materials, or any portions thereof, out of context.
- The rights granted to you constitute a license and not a transfer of title.
- The Materials comprised of Software are subject to the additional provisions governing Software set forth herein.
- Any Materials made available only upon payment of a fee or execution of a separate agreement may only be viewed, subject to your payment of such fee or execution of that separate agreement.
- Use of the Materials for any other purpose is expressly prohibited and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The design, layout or look and feel of this Site are protected by Digizyme’s Intellectual Property Rights. No trademark, graphic, sound or image from the Site may be copied or retransmitted unless expressly permitted by Digizyme. In addition, various sections of the Site may showcase the work of creative professionals. Such Materials belong to their creators, may be protected by Intellectual Property Rights of their creators. Accordingly, you may not download or print these works unless there is a notice associated with the work expressly permitting such uses.
(a) We may from time-to-time provide interactive services such as message boards, chat rooms, forums, ‘share’, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website. All User Contributions must comply with the Content Standards set out in this Policy.
(b) Any User Contribution that you post will be considered non-confidential and non-proprietary, to the extent permitted by law. By providing a User Contribution, you grant Digizyme and its successors the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material. You promise that you own or control all rights in and to the User Contributions and have the right to grant such license to us. You agree that you will have no claim or other recourse against Digizyme for infringement of any proprietary right with respect to your User Contributions. You acknowledge and agree that you waive any moral (or similar) rights that you may have in any territory in respect of User Contributions, including but not limited to, the right to be attributed as the author of the User Contributions.
(c) If you provide a User Contribution to be published or displayed on public areas of the Website, or transmitted to other users of the Website or any third parties, you accept that your User Contributions are posted on and transmitted to others at your own risk. Additionally, we cannot control the actions of other users of the Website or any third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
(d) User Contributions must be accurate and comply with all applicable laws in the country from which they are posted. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Digizyme, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third-party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.
These content standards apply to all User Contributions and use of Interactive Services, if offered. User Contributions must in their entirety comply with all applicable local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any third-party
- Infringe the legal rights (including the right of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws
- Promote any illegal activity, or advocate, promote or assist any unlawful act
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization
- Involve commercial activities or sales
- Be likely to deceive or give the impression that they emanate from or are endorsed by us, or any other person or entity
MONITORING AND ENFORCEMENT; TERMINATION
We have the right, but not the obligation, to review, screen or edit any User Contribution. You accept that such contributions do not reflect the views of Company and are not endorsed by Digizyme.
We have the right to: (a) remove or refuse to post any User Contributions for any reason; (b) take any action with respect to User Contributions that we deem necessary or appropriate; (c) disclose your identity or other information about you to any third-party who in our opinion reasonably claims that material posted by you infringes their rights, including their intellectual property rights or their right to privacy; (d) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; (e) terminate or suspend your access to all or part of the Website.
Without limiting the foregoing, we have the right to fully cooperate with law enforcement authorities requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. We do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third-party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
RESTRICTION AND TERMINATION OF USE
Digizyme reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason, either generally or with respect to your use; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LINKS TO OTHER SITES
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Digizyme’s control, and Digizyme is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part (unless you have received the express written consent of the Digizyme’s General Counsel). The Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Website
- Send e-mails or other communications with certain content or links to specific content on the Website
- Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you
- Cause the Website or portions of them to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site
- Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of this Policy
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in this Policy. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
WARRANTIES AND DISCLAIMERS
Digizyme offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, the Materials, Services or another Third-Party Service. You agree that you will not hold Digizyme responsible or liable with respect to the Third-Party Services.
THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND DIGIZYME MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.
DIGIZYME ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU
The above disclaimer also applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DIGIZYME, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND, OR ANY DAMAGES OR LOSSES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR IF DIGIZYME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, AND ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR ANY OTHER ACTION
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE LIMITATIONS AND EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
TERMINATION OF ACCESS TO SITE
GOVERNING LAW; DISPUTE RESOLUTION
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Massachusetts without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts having jurisdiction in Brookline, Massachusetts, and waive any objection to such jurisdiction or venue.. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.
JURISDICTION; GEOGRAPHICAL SCOPE
Digizyme administers and operates the www.clarafi.com Site from its location in Brookline, Massachusetts USA; other Digizyme sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features or products discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Digizyme reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Digizyme may restrict access to the Site and/or availability of the Materials and Services on the basis of US export control laws. You may not use or export or re-export any Materials or Services or any copy or adaptation of such Materials or Services offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
FEEDBACK AND INFORMATION
Any feedback you provide at this site shall be deemed to be non-confidential. Digizyme shall be free to use such information on an unrestricted basis.