Important Information
You should carefully read
the following Terms and Conditions (also referred to as the "Terms of
Use", "Terms of Service" or "TOS"). Your use of our
service(s) implies that you have read and accepted these Terms and Conditions.
The Website (all My Digital Marketing Expert websites may hereafter be referred
to, both individually and collectively, as "The Website") from which
you accessed this agreement is provided to you subject to the conditions listed
below. These terms are in addition to any other terms that individual Website
owners within the My Digital Marketing Expert may include for governing access
to their Websites.
Any Non-Human Visitors to
these Websites shall be considered agents of the individual(s) who controls,
authors or otherwise makes use of them. Such individual(s) shall be deemed
responsible for the actions of their Non-Human Visitor devices in the same
manner as if they personally visited the Website.
The access rights granted
to you under the Terms Of Use are non-transferable without the express written
permission of the owner of My Digital Marketing Expert. You are responsible for
the actions of any other person who may utilize your access rights on the My
Digital Marketing Expert Website.
Introduction
The following terms and
conditions govern all use of the My Digital Marketing Expert Website(s) and all
content, services and products available at or through the Website. The Website
is offered subject to your acceptance without modification of all of the terms
and conditions contained herein and all other associated operating rules and
policies (including, without limitation, My Digital Marketing Expert Privacy
Policy).
Please read this
Agreement carefully before accessing or using the My Digital Marketing Expert
Website. By accessing or using any part of the Website, you agree to become
bound by the terms and conditions of this agreement. If you do not agree to all
the terms and conditions of this agreement, then you may not access the Website
or use any services. If these terms and conditions are considered an offer by
the My Digital Marketing Expert, acceptance is expressly limited to these
terms.
The Website is available
only to individuals who are at least 13 years old. If you are not yet 13 years
old, you must stop using the Website immediately or else provide My Digital
Marketing Expert with written parental approval.
Our basic products and
services are free to both Website owners & individual users. However we
may offer some paid upgrades for advanced features such as domain hosting or
extra disk space or bandwidth.
Our products and services
are designed to give Website owners as much control and ownership over their
site as possible and to encourage users/members to express themselves freely.
However, each site owner must be responsible for the content of their site. In
particular, as a site owner, you must make certain that none of the prohibited
items listed below appear on your site or get linked to from your site (things
like spam, viruses, or hate content).
SPECIAL LICENSE
RESTRICTIONS FOR NON-HUMAN VISITORS
A special restriction on
a visitor's license to access the Website applies to all Non-Human Visitors.
Non-Human Visitors include, but are not limited to, web spiders, bots,
indexers, robots, crawlers, harvesters, or any other computer programs designed
to access, read, compile or gather content from the Website automatically.
Email addresses on the My
Digital Marketing Expert are considered proprietary intellectual property. It
is recognized that these email addresses are provided for human visitors alone.
You acknowledge and agree that each email address the Website contains has a
value not less than US $50. You further agree that the compilation, storage,
and/or distribution of these addresses substantially diminishes the value of
these addresses. Intentional collection, harvesting, gathering, and/or storing
the Website's email addresses is recognized as a violation of this agreement
and expressly prohibited.
Ownership
You do not claim
intellectual property right or exclusive ownership to any of our products or
services, whether modified or unmodified. All products and services are the
property of My Digital Marketing Expert. Our products and services are
provided 'as is' without warranty of any kind, either expressed or implied. In
no event shall our organization (or any business or individual associated with My
Digital Marketing Expert) be liable for any damages including, but not limited
to, direct, indirect, special, punitive, incidental or consequential, or other
losses arising out of the use of or inability to use our products or services.
Your My Digital Marketing
Expert Account and Site.
If you create a site
with My Digital Marketing Expert, you are responsible for maintaining the
security of your account and site, and you are fully responsible for all
activities that occur under the account and any other actions taken in
connection with the site. You must not describe or assign keywords to your site
in a misleading or unlawful manner, including in a manner intended to trade on
the name or reputation of others, and My Digital Marketing Expert may
change or remove any description or keyword that it considers inappropriate or
unlawful, or otherwise likely to cause My Digital Marketing Expert to be positioned
for possible liability. You must immediately notify My Digital Marketing
Expert of any unauthorized uses of your site, your account or any other
breaches of security. My Digital Marketing Expert will not be liable for
any acts or omissions by you, including any damages of any kind incurred as a
result of such acts or omissions.
Responsibility of
Contributors.
If you operate a Website,
comment on a Website, post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material available by
means of the Website (any such material, 'Content'), You are entirely
responsible for the content of, and any harm resulting from, that Content. That
is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, computer software or any other type of electronic
content. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene, libellous, defamatory, hateful or racially bigoted, does not violate the privacy or publicity rights of any third party and is not otherwise unlawful;
- your site is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your site's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by My Digital Marketing Expert or otherwise.
By submitting Content
to My Digital Marketing Expert for inclusion on the Website, you
grant My Digital Marketing Expert a world-wide, royalty-free, and
non-exclusive license to reproduce, modify, adapt and publish the Content
solely for the purpose of displaying, distributing and promoting your site or
Content. If you delete Content and advise My Digital Marketing Expert, My
Digital Marketing Expert will use reasonable efforts to remove said Content
from the Website (generally within two business days), but you acknowledge that
caching and/or other references to the Content may not be made immediately
unavailable.
Without limiting any of
those representations or warranties, My Digital Marketing Expert has the
right (though not the obligation) to, in My Digital Marketing Expert's
sole discretion (i) refuse or remove any content that, in My Digital
Marketing Expert's reasonable opinion, violates any My Digital Marketing
Expert's policy or is in any way harmful, unlawful or objectionable, or (ii)
terminate or deny access to and use of the Website to any individual or entity
for any reason, in My Digital Marketing Expert's sole discretion. My
Digital Marketing Expert will have no obligation to provide a refund of
any amounts previously paid.
Fees and Payment.
Optional premium paid
services (such as domain purchases, etc.) may be available on the Website. By
selecting a premium service you agree to pay My Digital Marketing Expert the
monthly or annual subscription fees indicated for that service. Payments will
be charged on the day you sign up for a premium service and will cover the use
of that service for a monthly or annual period as indicated. Premium service
fees are not refundable.
Responsibility of Website
Visitors.
My Digital Marketing
Expert has not reviewed, and cannot review, all of the material, including
computer software, posted to the Website, and cannot therefore be responsible
for that material's content, use or effects. By operating the Website, My
Digital Marketing Expert does not represent or imply that it endorses the
material there posted, or that it believes such material to be accurate, useful
or non-harmful. You are responsible for taking precautions as necessary to
protect yourself and your computer systems from viruses, worms, Trojan horses,
and other harmful or destructive content. Any user or site owner who finds
content that is offensive, indecent, or otherwise objectionable, or content
containing technical inaccuracies, typographical mistakes, or other errors has
a responsibility to report such Content to My Digital Marketing Expert. In
the same way, anyone who discovers Content on the Website that contains
material that violates the privacy or publicity rights, or infringes the
intellectual property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional terms and
conditions, stated or unstated, must report the same to My Digital
Marketing Expert. My Digital Marketing Expert disclaims any
responsibility for any harm resulting from the use by visitors of the Website,
or from any downloading by those visitors of content there posted.
Content Posted on Other
Websites.
We have not reviewed, and
cannot review, all of the material, including computer software, made available
through the Websites and WebPages to which My Digital Marketing Expert
links, and that link to My Digital Marketing Expert. My Digital
Marketing Expert does not have any control over those non-My Digital
Marketing Expert Websites and WebPages, and is not responsible for their
contents or their use. By linking to a non-My Digital Marketing Expert Website
or webpage, My Digital Marketing Expert does not represent or imply that
it endorses such Website or webpage. You are responsible for taking precautions
as necessary to protect yourself and your computer systems from viruses, worms,
Trojan horses, and other harmful or destructive content. My Digital Marketing
Expert disclaims any responsibility for any harm resulting from your use of
non-My Digital Marketing Expert Websites and WebPages.
Copyright Infringement
and DMCA Policy.
As My Digital
Marketing Expert asks others to respect its intellectual property rights, it
respects the intellectual property rights of others. If you believe that
material located on or linked to by My Digital Marketing Expert violates
your copyright, you are encouraged to notify My Digital Marketing Expert. My
Digital Marketing Expert will respond to all such notices, including as
required or appropriate by removing the infringing material or disabling all
links to the infringing material. In the case of a visitor who may infringe or
repeatedly infringes the copyrights or other intellectual property rights
of My Digital Marketing Expert or others, My Digital Marketing Expert
may, in its discretion, terminate or deny access to and use of the Website. In
the case of such termination, My Digital Marketing Expert will have no
obligation to provide a refund of any amounts previously paid to My
Digital Marketing Expert.
Intellectual Property.
This Agreement does not
transfer from My Digital Marketing Expert to you any My Digital Marketing
Expert or third party intellectual property, and all right, title and interest
in and to such property will remain (as between the parties) solely with My
Digital Marketing Expert. My Digital Marketing Expert, the My Digital
Marketing Expert domain, the My Digital Marketing Expert logo, and all
other trademarks, service marks, graphics and logos used in connection
with My Digital Marketing Expert, or the Website are trademarks or
registered trademarks of My Digital Marketing Expert or My Digital
Marketing Expert's licensors. Other trademarks, service marks, graphics and
logos used in connection with the Website may be the trademarks of other third
parties. Your use of the Website grants you no right or license to reproduce or
otherwise use any My Digital Marketing Expert or third-party trademarks.
Changes.
My Digital Marketing
Expert reserves the right, at its sole discretion, to modify or replace any
part of this Agreement. It is your responsibility to check this Agreement
periodically for changes. Your continued use of or access to the Website
following the posting of any changes to this Agreement constitutes acceptance
of those changes. My Digital Marketing Expert may also, in the future,
offer new services and/or features through the Website (including, the release
of new tools, services and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
Termination.
My Digital Marketing
Expert may terminate your access to all or any part of the Website at any time,
with or without cause, with or without notice, effective immediately. If you
wish to terminate this Agreement or your My Digital Marketing Expert
account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a VIP, Premium or other Paid
Services account, such account can only be terminated by My Digital Marketing
Expert if you materially breach this Agreement and fail to cure such breach
within thirty (30) days from My Digital Marketing Expert's notice to you
thereof; provided that, My Digital Marketing Expert can terminate the
Website immediately as part of a general shut down of our service or other
lawful reason. Additionally, a paid account may be temporarily terminated
pending a determination of the facts relating to a possible breach of this
Agreement. Upon termination, all provisions of this Agreement which by their
nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and
limitations of liability.
Disclaimer of Warranties.
The materials on My
Digital Marketing Expert's Website are provided 'as is'. My Digital
Marketing Expert makes no warranties, expressed or implied, and hereby
disclaims and negates all other warranties, including without limitation,
implied warranties or conditions of merchantability, fitness for a particular
purpose, or non-infringement of intellectual property or other violation of
rights. Further, My Digital Marketing Expert does not warrant or make any
representations concerning the accuracy, likely results, or reliability of the
use of the materials on its Internet Website or otherwise relating to such
materials or on any sites linked to this site.
Limitation of Liability.
In no event will My
Digital Marketing Expert, or its suppliers or licensors, or any individuals
associated with those entities, be liable with respect to any subject matter of
this agreement under any contract, negligence, strict liability or other legal
or equitable theory for: (i) any special, incidental or consequential damages;
(ii) the cost of procurement or substitute products or services; (iii) for
interruption of use or loss or corruption of data; or (iv) for any amounts that
exceed the fees paid by you to My Digital Marketing Expert under this
agreement during the twelve (12) month period prior to the cause of
action. My Digital Marketing Expert shall have no liability for any
failure or delay due to matters beyond their reasonable control. The foregoing
shall not apply to the extent prohibited by applicable law.
General Representation
and Warranty.
You represent and warrant
that (i) your use of the Website will be in strict accordance with the My
Digital Marketing Expert Privacy Policy, with this Agreement and with all
applicable laws and regulations (including without limitation any local laws or
regulations in your country, state, city, or other governmental area, regarding
online conduct and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the country in which
you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
Indemnification.
You agree to indemnify
and hold harmless My Digital Marketing Expert, its contractors, and its licensors,
and their respective directors, officers, employees and agents from and against
any and all claims and expenses, including attorneys fees, arising out of your
use of the Website, including but not limited to out of your violation of this
Agreement.
APPLICABLE LAW AND
JURISDICTION
Each party agrees that
any suit, action or proceeding brought by such party against the other in
connection with or arising from the Terms of Service ("Judicial
Action") shall be governed by the law of the state of residence of the
registered Administrative Contact (the "Admin State") for the Website
as such laws are applied to agreements between Admin State residents entered
into and performed entirely within the Admin State. You consent to the
jurisdiction of federal and state courts within the Admin State. You consent to
the venue in any action brought against him in connection with breaches of
these Terms of Service. You consent to electronic service of process regarding
actions under the above agreement.
RECORDS OF VISITOR USE
AND ABUSE
You consent to having
your Internet Protocol address recorded. An email address may appear
immediately below (the "Identifier") if we suspect potential abuse.
The Identifier is uniquely matched to your Internet Protocol address. Visitors agree
not to use this address for any reason.
VISITORS AGREE THAT
HARVESTING, GATHERING, STORING, TRANSFERRING TO A THIRD PARTY OR SENDING ANY
MESSAGE(S) TO THE IDENTIFIER CONSTITUTES AN ACCEPTANCE AND SUBSEQUENT BREACH OF
THESE TERMS OF SERVICE.
Site Terms of Use
Modifications
My Digital Marketing
Expert may revise these Terms of Use for its Website at any time without
notice. By using this Website you are agreeing to be bound by the then current
version of these Terms and Conditions of Use.
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