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Last Updated: February, 2020

Digital-Asylum.com, and its affiliates, licensors and third party partners (collectively, “DA,” “we,” “us,” or “our”) have created these Terms of Use to govern your use of our websites (collectively, “DA Websites,” “DA Sites,” “Websites,” or “Sites”), as well as your interactions with us including, without limitation, registering an user account, participating in online discussions, contacting us, or posting in our forums (“Services”). Your use of our Websites or Services constitutes your acceptance of these Terms of Use as well as our Privacy Policy (collectively, “Terms of Use”). We may update these Terms of Use from time to time, at our sole discretion, and without notice. Your continued use of the Websites or Services after any such update constitutes your acceptance of such update. The Websites and Services may also contain additional terms that govern particular features or offers (for example, membership or special functionality).

In the event that these Terms of Use conflict with additional terms and conditions, these Terms of Use shall control.

By visiting our Websites, contacting us or using the Services, you (1) acknowledge and agree that you have read and understand these Terms of Use, (2) agree to be bound by them, and (3) that you have the ability and authority to accept them.

If you do not agree with these Terms of Use or are unable to accept them, you are not authorized to use our Websites or Services or register an account.

General Terms

1. User Accounts.

a. Registration. While some elements of the Websites may be accessible to the public, certain aspects of the Services (e.g., membership or participating in online discussions) may require that you register a user account. To register an account, you will be asked to provide your date of birth and country/region, and then provide an email address, your full name, and a password. To gain access to other Services (e.g., invitations to events, printed materials, and membership), you may be asked to provide your mailing address, city, state, and country. You agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms for the Services (“Registration Data”); and (ii) maintain and promptly update the Registration Data, and any other account-related information you provide to us.

b. Passwords and Security. You are entirely responsible for maintaining the confidentiality of your password. You also agree not to share your account, user name, or password, and agree to notify us immediately if you suspect any unauthorized use of your account. You further agree that you are entirely liable for all activities conducted through your account, and are responsible for ensuring that you or your child is aware of, understands, and complies with these Terms of Use and all other rules, policies, or notices published by us.

c. Eligibility. Use of the Services is void where prohibited. By registering a user account and using the Services, you represent and warrant that: (i) all Registration Data that you submit is truthful and accurate; (ii) you are thirteen (13) years old or older, or have your parent or guardian’s consent; and (iii) your use of the Services will not violate any applicable law or regulation, these Terms of Use, or any other rules, policies, or notices published by us. Your account may be deleted and your access to the Services terminated without warning if we believe that you are under thirteen (13) years old and are using the Services without parental/guardian permission. Please note that the use of certain Services may have different eligibility requirements, including a higher minimum age requirement, as specified in any additional terms governing such Services.

2. Use of Websites and Services.

a. License. Subject to your compliance with these Terms of Use, the Websites, Services, and other offerings are provided to you on a nonexclusive, fully revocable basis, and solely for your individual and non-commercial use. We may terminate or suspend any or all portions of the Websites or Services at any time and for any reason with no liability to you.

b. Restrictions. You agree not to engage in any of the following:

  • use any means including, without limitation, agents, robots, scripts, or spiders to access, monitor, data scrape, link or frame to content, images or artwork (except as expressly authorized by us), or copy or transfer any part of the Websites or Services (including, without limitation, any Registration Data);
  • probe, scan or test the vulnerability of the Websites or Services, or breach the security or authentication measures on the Websites or any part of the Services;
  • reverse look-up, trace or seek to trace any Registration Data in any way and for any reason;
  • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Websites or Services;
  • use any device, software, or program to interfere or attempt to interfere with the proper working or authorized uses of the Websites or Services, or with any other person's use of the Websites or Services;
  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Websites or via the Services;
  • impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity;
  • use the Websites or Services in an illegal manner or for any unlawful purpose;
  • or violate any applicable rules, policies, or guidelines.

The Websites and Services are for your personal use and may not be used in connection with any commercial endeavors. Illegal or unauthorized use of the Websites or Services including collecting user names or email addresses for the purpose of sending unsolicited email is strictly prohibited. Commercial advertisements (via emails, forums, etc.) and other forms of solicitation in violation of these Terms of Use may be removed from the Websites and Services without notice and may result in termination of your account.

c. Consent to Account Access. To ensure we can provide high-quality services that are responsive to your needs, you understand that our representatives will have access to your account, Websites usage, Registration Data, and user information. You authorize our representatives to review such information as reasonably necessary to investigate complaints, to provide you with customer services, or for such other purposes as contemplated in our Privacy Policy.

3. Fees and Payments.

We use third-party payment providers (e.g., PayPal and Stripe) to authenticate payment when you purchase any products or applicable Services or to process membership dues. We do not directly process payments, but rather work with our third party partners. When you provide payment information on our Websites, you are interacting with us and our third party partners. Please read the terms and conditions and privacy policies of applicable third party partners to understand their terms and conditions.

You may provide a card to be kept on file for automatic renewal of services, dues, or for use as a default payment type. Card details are maintained through our third-party provider (Stripe) and are never hosted on our servers. By providing a card to be kept on file and enabling automatic payments, you are granting us permission to initiate a payment or a series of payments on your behalf. The frequency and amount of payments depends on the service and options you select.

Cancelling Automatic Payments - If you choose to cancel a paid service or recurring fee you can do so by visiting your account page and disabling automatic payments. If you wish delete your account completely, please contact us directly.

4. Links to Other Sites.

The Websites and Services may contain links to third party websites. These links are provided as a convenience to you. We do not control and are not responsible for the content of such third party websites or the conduct of the operators of such third party websites, and we do not make any representations regarding the accuracy, copyright or other statutory or regulatory compliance, legality or decency of any of the content or other materials on such third party websites. We encourage you to exercise discretion while browsing the Internet and other websites. If you decide to access linked third party websites, you do so at your own risk.

5. User Content.

As part of your use of the Services, you may be able to create, include, refer to, transfer, upload, stream, display, host, promote, disseminate, post, make available, distribute, link to or transmit messages, artwork, text, displays, images, photographs, graphics, screenshots, data, databases, information, files, pictures, video, audio, music, software and other materials and content, whether in written, digital, oral, machine-readable, electronic or visual form, to our Websites or Services (collectively, your “User Content”). By posting or submitting any User Content to or through the Websites or Services, you hereby irrevocably grant to us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, and fully sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or in part) in any media and to incorporate the User Content into other works in any format or medium now known or later developed. The foregoing grants shall include the right to exploit any proprietary rights in such User Content, including but not limited to, rights under copyright, trademark or patent laws under any relevant jurisdiction.

You represent and warrant that: (a) you own or control all of the rights to the User Content that you post or you otherwise have the right to post such User Content to the Websites and Services; (b) the User Content is accurate and not misleading; (c) the User Content and your use of such User Content does not violate any law, rule or regulation; (d) the User Content is not inappropriate, profane, indecent, harmful, threatening, abusive, defamatory, harassing, tortuous, vulgar, obscene, libelous, pornographic, harmful to minors, racially, ethnically or otherwise objectionable or that may be invasive of another's right of privacy or publicity; (e) your User Content does not contain any macro, bot, virus, trojan horse, keystroke logger, worm, time bomb, cancelbot, corrupted data or other file, code or computer programming routing that is intended to or results in damage, detrimentally interferes with the Websites or Services; and (f) User Content you supply does not violate these Terms of Use and will not violate any rights of any third party or cause injury to any person or entity. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any User Content posted by you.

You are solely responsible for the User Content that you post, store or upload on or through the Websites and Services. We do not have an obligation to delete, screen or edit any of the User Content posted, stored or uploaded on or through the Websites and Services; however we reserve the right to delete, screen or edit any User Content posted, stored or uploaded at any time and for any reason without notice. Without limiting the foregoing, we may remove any User Content that in our sole judgment violates these Terms of Use.

6. Intellectual Property Ownership; Rights Granted to You.

The Websites and Services (including all DA generated content residing thereon) are the sole property of Digital Asylum, and are protected by copyright, trademark, and other intellectual property laws (“DA Intellectual Property”). You are granted a limited, revocable, non-sub-licensable right to access and use DA Intellectual Property solely in connection with your personal and non-commercial use of the Websites and Services. Any use of DA Intellectual Property other than as specifically authorized by us is strictly prohibited and will terminate the rights granted herein. All goodwill generated by your use of DA trademarks shall automatically inure to the benefit of us.

7. Privacy Notice.

In addition to the disclosures contained in these Terms of Use, please refer to our Privacy Policy for information on how we collect, use and disclose your personally identifiable information. Keep in mind that information you provide in any community duscussion or service may be searchable by the general public.

8. No Warranties.

DIGITAL-ASYLUM PROVIDES THE WEBSITES, THE SERVICES, ACCOUNTS AND ALL OTHER FEATURES, PRODUCTS AND DOCUMENTATION “AS IS.” WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES AND CONDITIONS OF TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Without limiting the foregoing, we do not ensure continuous, uninterrupted, error-free, secure or virus-free operation of our Websites, Services, or your account. Nor do we ensure that defects in any portion of the same will be corrected. We may change, modify, disable, suspend or remove any such feature, product, service, software, art, graphics or other content, in whole or in part, at its sole discretion. We do not control or endorse User Content or the related content, messages, facts, views, opinions, recommendations, data, files, video, audio, graphics or information exchanged by means of the Sites including, without limitation, information contained in the public postings areas of the Websites or Service and information provided or statements made by a celebrity, “expert,” or similar guests and, therefore, we specifically disclaim any liability resulting therefrom. You acknowledge that the Websites and the Services have not been developed to meet your individual requirements. We disclaim suitability of the Websites and Services for any purpose. We are not liable for any delay or failure to perform resulting from any causes beyond our reasonable control.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES; AS SUCH THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU IN ITS ENTIRETY.

9. Limitation on Liability; Indemnification.

IN NO EVENT SHALL DIGITAL-ASYLUM.COM, OUR LICENSORS, OUR AFFILIATES OR OUR SUPPLIERS, OR EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS AND AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY ANTICIPATED OR LOST PROFITS, REVENUE, DATA, CONTENT, HARDWARE, SOFTWARE, INJURY, INFORMATION OR SPECIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT, STRICT PRODUCT LIABILITY AND NEGLIGENCE) ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM POSSESSION, USE, INABILITY TO USE, FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER OR OTHER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF OR MALFUNCTION OF THE WEBSITES OR SERVICES (AND ANY COMPONENTS THEREOF), YOUR ACCOUNTS, ANY FUNCTION OR FEATURE AVAILABLE, ACCESSED, DISTRIBUTED OR VIEWED THROUGH THE WEBSITES, THESE TERMS OF USE, THIRD PARTY WEBSITES OR SERVICES ACCESSED, DISTRIBUTED OR ADVERTISED IN OR THROUGH THE WEBSITES OR SERVICES, THE DOWNLOADING OR USE OF ANY SOFTWARE OWNED OR OPERATED BY US OR ANY THIRD PARTY INCLUDING, WITHOUT LIMITATION, DAMAGE TO PROPERTY AND, TO THE EXTENT PERMITTED BY APPLICABLE LAW, DAMAGES FOR PERSONAL INJURY, EVEN IF WE, OUR LICENSORS AND SUPPLIERS, AND EACH OF OUR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. THE TOTAL AGGREGATE LIABILITY OF THE WEBSITE, OUR LICENSORS OR ANY OF OUR OR THEIR RESPECTIVE PARENT OR AFFILIATED ORGANIZATIONS TO YOU OR ANY THIRD PARTIES IS LIMITED TO $1.00 (USD). YOU AGREE TO WAIVE ANY RIGHT TO EQUITABLE RELIEF INCLUDING, WITHOUT LIMITATION, INJUNCTIVE RELIEF AGAINST US, OUR LICENSORS, THEIR PARENTS OR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS AND AGENTS TO ENFORCE THE TERMS HEREOF; HOWEVER, THE FOREGOING SHALL NOT PRECLUDE US AND/OR OUR LICENSORS FROM SEEKING ANY INJUNCTIVE RELIEF. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION OR CLAIMS IN THE AGGREGATE FOR ANY REASON. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY; AS SUCH THEY MAY NOT APPLY TO YOU IN THEIR ENTIRETY. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD DIGITAL-ASYLUM.COM, ITS AFFILIATES, CURRENT AND PAST OFFICERS, MEMBERS AND EMPLOYEES HARMLESS FROM ANY CLAIM, ACTION, SUIT, DEMAND, OR DAMAGES, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES, ASSERTED BY ANY THIRD PARTY ARISING IN CONNECTION WITH THE USE OF YOUR ACCOUNTS, THE WEBSITE AND THE SERVICE.

10. Feedback.

You acknowledge and agree that any materials, including but not limited to, questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of email or other submissions to us in response to a request for such materials (“Feedback”) are non-confidential and shall become our sole property. This paragraph is not intended to apply to any personal information about you (such as name, mailing address and e-mail address), the use and disclosure of which is described in our Privacy Policy.

11. Forums and Communication Services.

The Services may include blogs, “wiki” features, and forums that allow certain text, images, designs, logos, video, sound, code, data, and other materials and information, as well as the selection and arrangement thereof, available through the Services (collectively, “Site Content”) to be written or created collaboratively, and group pages, and messaging functions, and other areas or services in which you or other users can create, post or store User Content on the Services Sites. You are solely responsible for your use of such Services and you use them at your own risk. As with other Services, your use is subject to these Terms of Use as well as any additional terms and conditions provided with those Services.

12. Termination; Survival.

You may cease using the Website and Services, as well as terminate your account, at any time. We may, at any time, for any reason, and at its sole discretion, deactivate your account, or discontinue any part of the Websites or Services with or without notice to you. In addition, at our sole discretion, we may immediately terminate your account without notice if: (a) you breach any provision of these Terms of Use; (b) you infringe any third party intellectual property rights; or (c) we are unable to verify or authenticate any information you provide to us. Upon termination of your account, all rights granted to you under these Terms of Use will immediately terminate with no further obligations or liability to you. Sections 6 (Intellectual Property), 8 (No Warranties), 9 (Limitation on Liability; Indemnification), 10 (Feedback) and 14 (General), together with any licenses granted to us hereunder, will survive termination for any reason.

13. Infringements.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to us or others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of digital-asylum.com to remove any content or information from its Websites which we believe infringes the intellectual property rights of others upon receipt of and proper notification to CFG by the intellectual property owner or the owner's legal agent. If you infringe other people's intellectual property rights, we, at our sole discretion, may also terminate your account.

If you believe that any content appearing on our Websites infringe your intellectual property rights, we want to hear from you. Please contact us with the following information:

  1. your name, address, telephone number, and e-mail address;
  2. a description of the work that you claim has been infringed;
  3. an explanation about the nature of the infringement (e.g., whether it is a trademark, copyright or other type of infringement of your intellectual property);
  4. the exact URL or a description of each place where alleged infringing material is located;
  5. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
  6. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
  7. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the intellectual property owner or authorized to act on the owner's behalf.

14. General.

a. Language; Interpretation. It is the express wish of the parties that these Terms of Use and all related documents have been drawn up in English. The headings of sections, paragraphs and subparagraphs of these Terms of Use are for convenience of reference only and are not intended to restrict, affect or be of any weight in the interpretation or construction of the provisions of such sections, paragraphs or subparagraphs.

b. Compliance with Law; U.S. Export Controls. You will comply with all applicable laws regarding your installation, copying and use of the Websites and Services and your access to your accounts. Without limiting the foregoing, software available in connection with the Websites and Services may be subject to United States export controls. No feature, function, software or any component thereof may be downloaded from the Sites or Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. You further agree not to upload to the Websites any data or software that cannot be exported without prior written government authorization including, but not limited to, certain types of encryption software.

c. Equitable Remedies.. You hereby agree that digital-asylum.com would be irreparably damaged if these Terms of Use were not specifically enforced. Therefore, you agree that we will, in addition to any other remedy it may have under these Terms of Use, at law or in equity, be entitled without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use.

d. Severability; Waivers. If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. Any failure on our part to insist upon or enforce any of the provisions of these Terms of Use, or to exercise any rights or remedies under these Terms of Use, will not be construed as a waiver of our right to assert or rely upon any such provisions, rights, or remedies in that or any other instance; rather, the same will be and remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

e. Modification. These Terms of Use may be amended, altered or modified at any time and for any reason by us at its sole discretion with no prior notice. If any future changes to these Terms of Use are unacceptable to you or cause you to no longer be in compliance with these Terms of Use, you must terminate your account. The continued use of your account, the Websites or the Services means you accept any and all such changes. You acknowledge and agree that you have no interest, monetary or otherwise, in any feature, content or availability of the Website, Services or your account.

f. No Assignment. These Terms of Service and the rights granted herein are personal to you, and may not be assigned. We may transfer or assign these Terms of Use, the Websites and the Services, in whole or in part, to third parties of our choosing.

g. Trademark and Copyright Notification. Unless otherwise indicated, all trademarks appearing on the Websites and Services are the property of digital-asylum.com. All rights reserved. All artwork, images, text, proprietary software and other copyrightable images are the copyrights of Roger D. Soucy. All rights reserved. All other trademarks and copyrightable content are the property of their respective owners and used under license.