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Terms of use / Privacy policy |
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Below are our Terms of Use and Privacy Policy. Please take a moment of your time to read what we expect of our members and how we are devoted to protecting your privacy.
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Privacy Policy
Digitryst, Inc.("Digitryst") recognizes that its customers, visitors, users, and others who use www.Digitryst.com or other web sites owned or operated by Digitryst (the "Digitryst Sites") (collectively or individually "Users") value their privacy. This Privacy Notice details important information regarding the use and disclosure of User information collected on the Digitryst Sites. Digitryst provides this Privacy Notice to help you make an informed decision about whether to use or to continue using the Digitryst Sites.
This Privacy Notice is incorporated into and is subject to the Digitryst Terms of Use. Your use of the Digitryst Sites and any personal information you provide on the Digitryst Sites remains subject to the terms of this Privacy Notice and our Terms of Use.
Please note that any video, image, or other content posted at the direction of Users onto the Digitryst Sites becomes published content and is not considered personally identifiable information subject to this Privacy Notice.
The Information Digitryst Collects
User Provided Information: You provide certain personally identifiable information (such as your name and email address) to Digitryst when choosing to participate in various activities on the Digitryst Sites such as: uploading videos, posting messages in our forums or in the video comments section, entering contests or sweepstakes, taking advantage of promotions, responding to surveys, or subscribing to newsletters or to other mailing lists.
• Cookies Information: When you visit the Digitryst Sites, we may send one or more cookies &ndash a small text file containing a string of alphanumeric characters &ndash to your computer that uniquely identifies your browser. Digitryst uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser. Persistent cookies may be used by your browser on subsequent visits to the site. Persistent cookies can be removed by following your web browser help file directions. A session cookie is temporary and disappears after you close your browser. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent. However, some features of the Digitryst Sites may not function properly if the ability to accept cookies is disabled.
• Log File Information: When you use the Digitryst Sites, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol ("IP") address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and one or more cookies that may uniquely identify your browser.
• Clear Gifs Information: When you use the Digitryst Sites, we may employ "clear gifs" (a.k.a. Web Beacons) which are used to track the online usage patterns of our Users anonymously (i.e., in a non-personally-identifiable manner). In addition, we may also use clear gifs in HTML-based emails sent to our Users to track which emails are opened by recipients
The Way Digitryst Retains Information
• To preserve the integrity of website databases Digitryst’s procedure is to retain information submitted by members for an indefinite length of time. By submitting information to Digitryst you are consenting to allow Digitryst to store that information indefinitely.
• If required by law, such as the Children’s Online Privacy Protection Act (COPPA,) Digitryst will scramble and/or encrypt that information to make it unrecognizable. Digitryst will also respond to written member requests to scramble account information. If you wish to make such a request, contact the Digitryst Policy Manager. You will be required to verify your identity to complete this process.
The Way Digitryst Uses Information
• If you submit personally identifiable information to us through the Digitryst Sites, then we use your personal information to operate, maintain, and provide to you the features and functionality of the Digitryst Sites.
• Any personal information or video content that you voluntarily disclose online (on discussion boards, in messages and chat areas, within your public profile page, etc.) becomes publicly available and can be collected and used by others. Your account name (not your email address) is displayed to other Users when you upload videos or send messages through the Digitryst Sites and other Users can contact you through messages and comments. Any videos that you submit to the Digitryst Sites may be redistributed through the internet and other media channels, and may be viewed by the general public.
• We do not use your email address or other personally identifiable information to send commercial or marketing messages without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. We may, however, use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major Digitryst Site changes or for customer service purposes).
• We use both your personally identifiable information and certain non-personally-identifiable information (such as anonymous User usage data, cookies, IP addresses, browser type, clickstream data, etc.) to improve the quality and design of the Digitryst Sites and to create new features, promotions, functionality, and services by storing, tracking, and analyzing User preferences and trends.
• We use cookies, clear gifs, and log file information to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Digitryst Sites; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our marketing campaigns; (d) monitor aggregate metrics such as total number of visitors, pages viewed, etc.; and (e) track your entries, submissions, and status in promotions, sweepstakes, and contests.
When Digitryst Discloses Information
• We provide personally identifiable information and non-personally-identifiable information to our subsidiaries, affiliated companies, or to other businesses or persons for the purpose of processing such information on our behalf. We require that these parties agree to process such information in compliance with our privacy policy, and we use reasonable efforts to limit their use of such information and to use other appropriate confidentiality and security measures.
• We do not share your personally identifiable information (such as name or email address) with other, third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out.
• We do share non-personally-identifiable information (such as anonymous User usage data, referring / exit pages and URLs, platform types, number of clicks, etc.) with interested third-parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality on the Digitryst Sites.
• We may release personally identifiable information and/or non-personally-identifiable information if required to do so by law, or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright Law), or respond to a court order, subpoena, or search warrant.
• Digitryst also reserves the right to disclose personally identifiable information and/or non-personally-identifiable information that Digitryst believes, in good faith, is appropriate or necessary to enforce our Terms of Use, take precautions against liability, to investigate and defend itself against any third-party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of our web site, and to protect the rights, property, or personal safety of Digitryst, our Users, or others.
Your Choices
You may, of course, decline to submit personally identifiable information through the Digitryst Sites, in which case Digitryst may not be able to provide certain services to you. You may update or correct your personal profile information and email preferences at any time by visiting your account profile page. Please note that media files uploaded by Users to the Digitryst Sites cannot be removed and remain subject to our Terms of Use.
To protect your privacy and security, we take reasonable steps (such as requesting a unique password) to verify your identity before granting you profile access or making corrections. You are responsible for maintaining the secrecy of your unique password and account information at all times.
Please contact Digitryst with any questions or comments about this Privacy Notice, your personal information, your consent, or your opt-in or opt-out choices by emailing customer service.
Third-party Advertisers, Links to Other Sites
Digitryst allows other companies, called third-party ad servers or ad networks, to serve advertisements within the Digitryst Sites. These third-party ad servers or ad networks use technology to send, directly to your browser, the advertisements and links that appear on the Digitryst Sites. They automatically receive your IP address when this happens. They may also use other technologies (such as cookies, JavaScript, or Web Beacons) to measure the effectiveness of their advertisements and to personalize the advertising content.
Digitryst does not provide any personally identifiable information to these third-party ad servers or ad networks without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. However, please note that if an advertiser asks Digitryst to show an advertisement to a certain audience (for example, men ages 18-34) or audience segment (for example, men ages 18-24 who have viewed certain channels of content) and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience they are trying to reach.
You should consult the respective privacy policies of these third-party ad servers or ad networks. Digitryst’s privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
Our Commitment To Data Security:
Digitryst uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. We cannot, however, ensure or warrant the security of any information you transmit to Digitryst and you do so at your own risk. Once we receive your transmission of information, Digitryst makes commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.
If Digitryst learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. Digitryst may post a notice on the Digitryst Sites if a security breach occurs. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify customer service.
Our Commitment to Legal-Age Usage
Protecting children from adult content is especially important. For that reason, Digitryst does not knowingly collect or maintain personally identifiable information or non-personally-identifiable information on the Digitryst Sites from persons under 18 years of age, and no part of our website is directed to persons under 18, or legal age, according to state law. If you are under 18 years of age, then please do not use or access the Digitryst Sites at any time or in any manner. If Digitryst learns that personally identifiable information of persons under 18 years of age has been collected on the Digitryst Sites then Digitryst will take the appropriate steps to delete this information.
Special Note to International Users:
The Digitryst Sites are hosted in the United States and are intended for and directed to Users in the United States. If you are a User accessing the Digitryst Sites from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please be advised that through your continued use of the Digitryst Sites, which are governed by U.S. law, this Privacy Notice, and our Terms of Use, you are transferring your personal information to the United States and you consent to that transfer.
In the Event of Merger, Sale, or Bankruptcy
In the event that Digitryst is acquired by or merged with a third party entity, we reserve the right, in any of these circumstances, to transfer or to assign the information we have collected from our Users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your personal information is treated, transferred, or used.
Changes and updates to this Privacy Notice
This Privacy Notice may be revised periodically and users are encouraged to review the Notices periodically to stay aware of any changes. In general, we only use your personal information in the manner described in the Privacy Notice in effect when we received the personal information you provided. Your continued use of the Digitryst Sites constitutes your agreement to this Privacy Notice and any future revisions.
For revisions to this Privacy Notice that may be materially less restrictive on our use or disclosure of the personal information you have already provided to us, we will attempt to obtain your consent before implementing such revisions with respect to such information.
Terms of Use
DIGITRYST IS A COMMUNITY BASED SELF-PUBLISHING PLATFORM FOR THE OPEN AND HONEST DISCUSSION OF ADULT TOPICS (THE "SERVICE"). THE MATERIALS WHICH MAY BE PUBLISHED ON THE WEBSITE DIGITRYST BY THE USERS OF THIS SERVICE INCLUDE GRAPHIC WRITTEN, AUDIO AND VISUAL DEPICTIONS OF NUDITY AND SEXUAL ACTIVITY AND SHOULD NOT BE ACCESSED BY ANYONE WHO IS OFFENDED BY SUCH MATERIALS OR WHO DOES NOT WANT TO BE EXPOSED TO SUCH MATERIALS.
Article I. Eligibility
You must be eighteen (18) years of age or older to register as a member or use the service provided by Digitryst. Membership and use of the service are void where prohibited by applicable law.
By viewing the website, registering for membership or using the Service in any way you represent and warrant that:
(a) You are over the age of eighteen (18) or older if the age of majority is greater than eighteen (18) in the jurisdiction in which you live. Your profile may be deleted and your membership may be terminated, without notice or warning, if we believe that you are under eighteen (18) years of age;
(b) You have the right, authority and capacity to enter into this agreement and to abide by all of the terms and conditions contained herein;
(c) All registration information you submit will be truthful and accurate;
(d) You are interested in adult material and are not offended by written, audio or visual depictions of, and open discussions related to, nudity and sexual activity;
(e) You are voluntarily choosing to register and/or use the Service because you want to participate in discussions or view, read and/or hear the user published adult materials which are made available on the website for your own personal enjoyment, information or education;
(f) You will not allow or permit any person or persons to access or view the materials on the website or use the Services who are under the age of eighteen (18), or older if the age of majority is greater than eighteen (18) in the jurisdiction in which you live, and you will make diligent efforts to prevent unauthorized access by minors;
(g) You are familiar with the community standards of the area in which you access the website or use the Service regarding the acceptance of sexually oriented materials and the materials you expect to encounter are within those standards;
(h) You have determined that the community in which you live, the community in which you access the website or the community in which you use the Service, accepts the publication and public consumption of sexually oriented materials by informed and consenting adults and that the community will not find that such materials appeal to a prurient interest or are patently offensive;
(i) You have not and will not use, view, browse, search or otherwise participate in the Service in any way from a restricted place, country, state, community or other location where doing so would be, or could be deemed a violation of any law, regulation, rule, ordinance, edict or custom;
(j) You have not notified any governmental agency, including but not limited to the U.S. Postal Service, that you do not want to receive sexually oriented materials;
(k) You will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass or to interfere or attempt to interfere with the proper working of the Digitryst Service or any components thereof. Notwithstanding the foregoing, Digitryst grants the operators of public search engines permission to use spiders or other proprietary methods to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Digitryst reserves the right to revoke these exceptions either generally or in specific cases.
(l) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on the Service is updated on a real-time basis and is proprietary or is licensed to Digitryst by our users or third parties.
(m) You will use the Digitryst Service in a manner consistent with any and all applicable laws and regulations.
Article II. Terms
This Agreement shall become effective when you first access the website, register for Membership and/or use, view, browse, search or otherwise participate in the Service (regardless of Membership). This Agreement shall remain in full force and effect during the time in which you are a registered Member or use the Service in any way. You may terminate your Membership at any time and for any reason by the Contact Us form using the "Delete My Account" function. Digitryst reserves the right to terminate your Membership at any time, for any reason, without notice or warning. If Digitryst terminates your Membership for violation of any policy or for breach of this Agreement, you will not be entitled to any refund of any unused subscription fees or credits (if any). Upon termination of this Agreement all sections which would normally survive termination of an agreement shall remain in full force and effect including but not limited to [proprietary rights, content posted, prohibited content, copyright policy, member disputes, privacy, disclaimers, limits on liability, export controls, disputes, indemnity]
Article III. Fees
Currently Digitryst does not charge a fee for Member registration or use of the Service. You understand, agree and accept that Digitryst reserves the right to charge a fee for the Service and to change any fees from time to time, as may be decided in our sole discretion.
Article IV. Username and Password
You must choose a unique username and password when you sign up to become a Member. Your username will be publicly displayed on the Service. You are entirely responsible for maintaining the secrecy of your password. You agree that you will not share your password with anyone or disclose your password to anyone for any reason. You agree that you will not use the account, username or password of another Member at any time. You agree to notify Digitryst immediately if you suspect any third party access to your password or use of your account by anyone other than yourself. You are solely and exclusively responsible for any and all use of your account.
Article V. Commercial Use
The Service may be used by Members to make commercial statements or to otherwise engage in commercial endeavors pursuant to the Commercial Use Guidelines as may be established by Digitryst from time to time in our sole discretion. The Commercial Use Guidelines shall be incorporated into and become a part of this Agreement as if fully set forth herein.
Illegal or unauthorized use of the Service, including collecting usernames and/or email addresses of Members by any means, electronic or otherwise, for the purpose of sending unsolicited email or private messages is strictly forbidden. Framing of or linking to the website or any part of the Service is strictly forbidden. Unsolicited commercial communications with Members via email or private message is strictly forbidden. Illegal and/or unauthorized use of the Service, including violation of the Commercial Use Guidelines, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive relief and/or termination of your Membership in our sole discretion.
Notwithstanding anything to the contrary contained herein or in the Commercial Use Guidelines, Digitryst reserves the right to suspend, terminate, delete or otherwise remove any commercial statements without notice and without penalty. You understand, accept and agree that all commercial speech is allowed at the sole and exclusive discretion of Digitryst and no absolute right to engage in commercial speech is granted by this Agreement. In order to maintain the integrity of the Service, Digitryst reserves the right, in our sole discretion, to take reasonable steps to limit the volume of emails, chat messages and other communications sent or received by a Member and electronically filtering, limiting or terminating communications. Digitryst reserves the right to terminate the right to make commercial speech or disseminate commercial messages at any time, for any reason, without notice and without penalty.
Article VI. User Published Content
Section 6.01 Proprietary Rights of Content on Digitryst
By publishing, displaying, posting or otherwise disseminating any messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials whatsoever (collectively the "Content") on or through the Service, you hereby grant to Digitryst a perpetual, non-exclusive, fully-paid and royalty-free, worldwide license, with the right to sublicense through unlimited levels of sublicenses, to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit and otherwise distribute the Content on and through the Service. The license granted in this Article 6; Section 6.01 shall survive termination of this Agreement.
Digitryst owns and retains other proprietary rights on Digitryst.com. The Service contains the copyrighted material, trademarks, and other proprietary information of Digitryst and its licensors. Except for information in the public domain or for which you have been given express written permission by Digitryst, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Section 6.02 Representations and Warranties
You, the Self-publisher, represent and warrant that:
(a) You are solely responsible for the Content that you publish, display, post or otherwise disseminate on or through the Service provided by Digitryst or transmit to other Digitryst members.
(b) You own the Content published or otherwise posted by you on or through the Service, including all copyrights therein, free of any liens or encumbrances, or you otherwise have the right and authority to grant the license set forth in Article 6; Section 6.01 above;
(c) You did not plagiarize or copy any work of any person(s), entity or entities in publishing or otherwise posting the Content on or through the Service;
(d) None of the Content contains any material from other copyrighted or unpublished works unless You have obtained a copy of written permission or authorization and consent of the owner of such rights in such materials;
(e) None of the Content, or any part thereof, and no display of any or all of the Content by Digitryst as authorized or contemplated by this Agreement shall infringe upon any rights of any person(s), entity or entities, including without limitation, any intellectual property rights which include without limitation, any copyright, trademark right, service mark right, right of publicity or privacy, trade secret right, or any other proprietary or personal right of any person(s), entity or entities;
(f) All participants, actors, crew, production staff or other individuals associated with the Content were at least eighteen (18) years of age (or twenty-one (21) years or older as may be required by law where the age of majority is not eighteen (18) years) at the time the original work in which said person(s) appear was first created, or at the time such persons initially performed any act(s) which resulted in their appearance in any of the Content, whichever is earlier;
(g) When necessary, you have made reasonable inquiry, investigation and inspection of all necessary records required for compliance with United States Code Title 18 Section 2257 and you have all such necessary records in your possession with respect to the Content, including but not limited to, proofs of age, identification of the particular work in which the performer appears, all names used by the performer, prior works in which the performer appeared and all model releases allowing the use of the performers image and likeness in the Content for the purposes contemplated under this Agreement.
(h) You are the primary producer of the Content, and all parts thereof; further, you can and will provide Digitryst with all records whatsoever that may required for Digitryst to be in compliance with the Laws of the United States and any other international jurisdiction which may be applicable, as may be promulgated or amended from time to time, including but not limited to Federal, State, and Local Laws, including but not limited to United States Code Title 18 Section 2257;The Licensor shall make timely delivery of all Films and collateral material as set forth more specifically below;
(i) Whenever you Self-publish or otherwise post or upload any Content of a sexually explicit nature, as defined in United States Code Title 18 Section 2256(2), to the Service you have been, and at all times shall be, in compliance with the Laws of the United States and any other international jurisdiction which may be applicable, as may be promulgated or amended from time to time, including but not limited to Federal, State, and Local Laws and that all material is in compliance with United States Code Title 18 Section 2257. Further, if required in the sole discretion of Digitryst, you shall deliver to Digitryst any and all records, including but not limited to proofs of performer age, identification of the Content in which any performer appears, all names used by any performer, prior works in which any performer appeared and all model releases allowing the use of the performer’s image and likeness in the Content.
(j) None of the Content contains any matter that, if published or publicly displayed or disseminated would be obscene, fraudulent, libelous, slanderous, defamatory, hateful, harassing, negligent or otherwise contrary to any law of any applicable jurisdiction.
(k) None of the Content includes any images of bestiality, fisting, urination, defecation, torture, mutilation, rape, sadistic or masochistic abuse, incest, necrophilia, sex acts with non-consenting adults, child pornography or any other depiction that would lead a reasonable person to conclude that the performer depicted in the Content is a minor;
Section 6.03 CDA
Digitryst claims immunity from liability to the fullest extent under the law and as provided under the Communications Decency Act for Content provided by third parties and members and nothing in this Agreement is intended to waive, remove, or usurp such immunity. You understand and agree that Digitryst does not monitor or otherwise control the Content published or otherwise posted on the Service and, if notified of any potential violation of this Agreement or any law, rule, code, or regulation, Digitryst may delete any Content that in the sole judgment Digitryst violates the Terms of Use or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Digitryst, its employees, independent contractors, performers or members.
By publishing, displaying, posting or otherwise disseminating any Content on or through the Service, you automatically grant, and represent and warrant that you have the right to grant, to Digitryst and its members, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information, rights of publicity and Content and to prepare derivative works of, or incorporate into other works and other media, such information and Content, and to grant and authorize sublicenses of the foregoing. As a visitor to Digitryst, if you provide us with your e-mail address via a registration process or post it on or through the Service, you thereby authorize Digitryst and its affiliates and any entities that Digitryst becomes involved with or merges with, the right to use and/or sell your valid email address for any marketing programs or communications with you.
Section 6.04 DMCA and Copyright Policy
You may not publish, display, post or otherwise disseminate, or reproduce in any way, any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use." Without limiting the foregoing, if you believe that your work has been copied and posted on the Digitryst Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA)
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(b) An complete and accurate description of the copyrighted work that you claim has been infringed with enough specificity to identify the work;
(c) A description of where the material you claim is infringing is located on the Service, including the URLs of web pages and/or hyperlinks;
(d) Your address, telephone number, and email address;
(e) A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(f) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Digitryst' Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
DMCA AGENT
Digitryst
dmca@Digitryst.com
It is the intention of Digitryst to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA then the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
It is the policy of Digitryst to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of prompt notification to Digitryst by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement you must make notice to Digitryst as set forth in Article 6; Section 6.04 above.
Section 6.05 Prohibited Content
The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the Service. If notified of an alleged breach of these Content restrictions, Digitryst reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Service and terminating the Membership of such violators. Without limiting any other Self-published Content prohibitions as may be set forth elsewhere in this Agreement, Prohibited Content includes, but is not limited to:
(a) Content that is patently offensive to the online community;
(b) Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(c) Content that harasses or advocates harassment of another person or invades their privacy;
(d) Content that involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming;"
(e) Content that promotes information you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(f) Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g) Content that contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h) Content that provides material which exploits people under the age of 18 in a sexual or violent manner or solicits personal information from anyone under 18;
(i) Content that provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(j) Content that solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(k) Content that may test the boundaries of decency, or may be considered illegal in the United States;
(l) Depictions of bestiality, fisting, urination, defecation, torture, mutilation, rape, sadistic or masochistic abuse, incest, necrophilia, sex acts with non-consenting adults, child pornography or any other depiction that would lead a reasonable person to conclude that the performer depicted in the Content is a minor;
(m) Any Content that Digitryst deems inappropriate or offensive as may be determined in our sole discretion.
Article VII. Privacy Policy
Use of the Digitryst site and/or its Service is governed by our Privacy Policy, which may change from time to time, in our sole discretion, upon electronic notice to you, and which is incorporated herein by reference.
Article VIII. Member Disputes
Digitryst does not control the Content which is Self-published by Members which is made available through our Service. You may find other Members’ or users' information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and safety when using our Service or otherwise accessing our web site. You are solely responsible for your interactions with other Digitryst’ members. Because Digitryst is not involved in Member or user interactions, in the event that you have a dispute with one or more Members or those who have posted, viewed, or used information on the Digitryst Service, you release Digitryst, including its officers, directors, agents, subsidiaries and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code § 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Digitryst reserves the right, but has no obligation, to monitor disputes between you and other members.
Article IX. Disclaimers
Digitryst is not responsible for any incorrect or inaccurate Content posted on the web site or in connection with the Service provided, whether caused by Members or users of the Service or by any of the equipment or programming associated with or utilized in the Service. Profiles created and posted by Members of the Service may contain links to other websites. Digitryst is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Digitryst. Inclusion of any linked website on the Digitryst’ Service does not imply approval or endorsement of the linked website by Digitryst. When you access these third-party sites, you do so at your own risk. Digitryst takes no responsibility for third party advertisements posted or otherwise disseminated on or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers. Digitryst is not responsible for the conduct, whether online or offline, of any Member or user of the Service. Digitryst assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Member or user communication. Digitryst is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Service or combination thereof, including any injury or damage to members or users or to any person's computer related to or resulting from participation or downloading materials in connection with the Service. Under no circumstances shall Digitryst be responsible for any loss or damage, including personal injury or death, resulting from use of the Service, attendance at an Digitryst event, from any Content posted on or through the Service, or from the conduct of any members or users of the Service, whether online or offline. Digitryst is not responsible for downtime, bugs or other errors with the Service and you understand and agree that the Service may not be always available and that various features of the Service may not work or be discontinued without notice. The Service is provided "AS-IS" and as available and Digitryst expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Digitryst cannot guarantee and does not promise any specific results from use of the Services.
Article X. Limitation on Liability
IN NO EVENT SHALL DIGITRYST BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF DIGITRYST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, DIGITRYST LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO DIGITRYST FOR THE SERVICES DURING THE TERM OF MEMBERSHIP.
Article XI. U.S. Export Controls
Any software that may be available in connection with the Services (the "Software") is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using any Software, you represent and warrant that such download or use is not in violation of any such law.
Article XII. Jurisdiction and Disputes
This Agreement shall be governed and construed under the laws and judicial decisions of the State of North Carolina and the United States.
Subject to the provisions of Articles 8, 9, 10, and 11, inclusive; any and all disputes as to the interpretation of, or any performance under, this Agreement which are not first resolved informally shall be determined by binding arbitration in Raliegh, North Carolina, in accordance with the commercial arbitration rules and procedures of the American Arbitration Association. The final award in any such arbitration proceeding shall be subject to entry of judgment by any court of competent jurisdiction, provided such judgment does not conflict with the terms and provisions hereof. Only the statutory and common law of the State of North Carolina and the United States shall limit the jurisdiction of the arbiter(s) with respect to legal matters.
If, for any reason, any matter or dispute arising under this Agreement is not resolved through Arbitration, or if any of the proceedings or decisions of the Arbitration must be enforced by a court of competent jurisdiction, the parties agree that in case of any litigation regarding this Agreement, or the various subject matters hereof, the venue for such litigation shall be the Local, State or Federal Courts of Raleigh, North Carolina. The parties hereby consent to the jurisdiction of the Courts of the State of Nevada and the United States District Court, District of North Carolina. Additionally, the parties further agree to service of process in any such proceeding by any means allowed under North Carolina or Federal law. The parties hereto hereby waive and agree not to assert (by way of motion, as a defense or otherwise) that any such proceeding is brought in an inconvenient forum or that venue is otherwise improper.
Article XIII. Indemnity
You hereby agree to indemnify and take full responsibility and deem Digitryst and its officers, directors, sub-licensees, affiliates and assigns (the "Digitryst Indemnitees"), harmless and not accountable for any and all claims, damages, liabilities, costs, and expenses, including any attorneys’ fees, arising out of any dispute, claim, action, proceeding based upon or in any way related to any and all breaches or alleged breaches of your representations, warranties, promises, agreements and obligations set forth herein. Further, you understands and agree the representations and warranties contained in this Agreement are material for Digitryst to display and distribute the Self-published Content under the terms of this Agreement and any failure or delay on the part of the you to provide any documentation or other required materials, as may be set forth in this Agreement, shall constitute a breach. Additionally, you understand and agree that Digitryst is providing the Service to you as a platform for self-publishing and Digitryst does not monitor or control the content that is published and you agree to indemnify the Digitryst Indemnitees fully from any liability for content which you publish.
Article XIV. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to:
Webmaster
Digitryst
or to the email address you provide to Digitryst during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Digitryst may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Digitryst during the registration process. In such case, notice shall be given 3 days after the date of mailing.
Article XV. No Agency
The relationship of the parties hereunder is limited to the respective rights and obligations of the parties as specifically provided herein. The parties to this Agreement are independent entities and nothing in this Agreement shall make them joint venturers, partners, employees, agents or other representatives of the other party hereto, or shall be construed or interpreted to permit either party to undertake any agreement for the other, or to use the name or identifying mark of the other, all except as is specifically provided herein.
Article XVI. Other
This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Digitryst regarding the use of the Services. The failure of Digitryst to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You agree that this Agreement and all incorporated Agreements may be automatically assigned by Digitryst, in our sole discretion, to a third party. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Digitryst is a trademark of B. R. Krause Holdings.
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