Digafriend.com Terms of Service Agreement
Acknowledgment and Acceptance of Terms of Service Agreement
Digafriend.com, hereinafter referred to as "Digafriend" shall provide Social and Business Networking Services to you hereinafter referred to as a "User" under the terms and conditions of the present Digafriend Terms of Service Agreement hereinafter referred to as "Agreement".
The present Agreement, as may be modified from time to time, constitutes legally binding terms and applies to your use of the Digafriend Services. By accessing and/or using the Digafriend Services, you become a User of the Digafriend Services and agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Digafriend Services, including, without limitation, through a mobile or other wireless device, or otherwise use the Digafriend Services without being registered) or you are a "Member" (which means that you have registered with Digafriend).
User Obligations and Responsibilities
By using the Digafriend Services, you represent and warrant that:
- all registration information you submit is truthful and accurate, you will not use false addresses, names, the names of colleges, universities, entertainment properties, businesses, websites, blogs, teams or celebrities. If you provide any information that is untrue, inaccurate, not current the Digafriend has the right to suspend or terminate your account and refuse any current or future use of the service;
- you will maintain the accuracy of your account information and promptly update the registration data to keep it true and up to date;
- you are fully responsible for any information submitted by you to the portal or sent to other portal Users;
- you are solely responsible for any and all use of your account;
- you will not use Digafriend Service for spamming, which is: sending of unsolicited messages to other users which provoke complaints; sending junk messages; sending messages with any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive; sending messages of age inappropriate content to anyone under age of 18;
- you will not resell, rent, grant a security interest, or make a commercial use of the Digafriend Service without the express written consent of Digafriend;
- you will not use the Digafriend service in manner which violates any city, culture, nationality, religion, race, national or international law or regulation, or which fails to comply with the requirements of present Agreement;
- you will not bully, intimidate, or harass any User;
- you will not add photos, videos or any content to your or other User account if these can be subject to copyrights;
- you will have only one profile. One profile will not contain several persons;
- you will not post, create and transmit content or image that is hateful, threatening, obscene, offensive, indecent or pornographic; that incites violence; cause annoyance, inconvenience or anxiety or contains nudity or graphic or gratuitous violence, that is defamatory;
- you will not use Digafriend to do anything unlawful, misleading, malicious, or discriminatory;
- you will not use the Services for corrupting or destroying other User's data; violating the privacy of other users, using the network in such a way that it denies the service to others;
- you will not do anything that could disable, overburden, or impair the proper working of Digafriend;
- if we disable you account you will not create another one without our permission;
- you are fully responsible for reading the present Agreement.
Digafriend’s staff will monitor and control messages to reduce spam sent to and from Users.
Digafriend will make reasonable attempts to respond to complaints made by User regarding the receipt of spam or any other message of harassing content or, in the case of a User under the age of 18, complaints from such User or from such User's parent or guardian regarding the receipt of spam.
We reserve the right to remove any content or information you post on Digafriend if we believe that it violates this Agreement.
In order to keep the Digafriend Services safe you:
- are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account;
- will notify Digafriend of any security breach or unauthorized use of User's account immediately;
- will ensure to sign out from account at the end of each session;
- will not upload viruses or any malicious code;
- will not solicit login information or access an account belonging to someone else.
- will not post anyone's identification documents or sensitive financial information.
If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a User's actual name).
Illegal and/or unauthorized use of the Digafriend Services, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Digafriend Services, or employing third party promotional sites or software to promote profiles for money, is prohibited.
Limitation on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL DIGAFRIEND OR ITS LICENSORS OR RESELLERS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, EXEMPLARY DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE DIGAFRIEND SERVICE, THE PERFORMANCE OF DIGAFRIEND SERVICE, OR DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFIT, BUSINESS STOPPAGE, LOSS OF DATA OR BUSINESS INFORMATION, COMPUTER DAMAGE, OR DAMAGES RESULTING FROM UNAUTHORIZED ACCESS TO OR CHANGES MADE TO USER'S TRANSMISSIONS OF DATA, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL DIGAFRIEND BE LIABLE FOR ANY DAMAGES IN EXCESS OF WHAT DIGAFRIEND RECEIVED FROM USER FOR THE DIGAFRIEND SERVICE.
Digafriend reserves the right to modify the Digafriend Service and to change the present Agreement at any time, without notice.
Your continued use of the Digafriend Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the Digafriend Services immediately.
Termination of Services
Digafriend Service may be terminated for any reason, in whole or in part, effective immediately, by Digafriend at any time with or without prior notice and without any liability whatsoever, and the User hereby releases Digafriend from any such liability. Upon termination, the User's right to use the Digafriend Service shall cease immediately and Digafriend shall not be obliged to forward any unread or unsent messages to the User or any third party. Digafriend shall not be liable to the User or any third party for termination of the Digafriend Service. In case of a termination of paid Digafriend Service ("Premium Service"), upon written request to Digafriend, User shall receive at Digafriend's option, either
i) reimbursement of the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service; or
ii) credit for another Premium Service equivalent to the pro-rata portion of the amount paid for the period remaining on User's account for the terminated Premium Service. There shall be no reimbursement or credit if the Digafriend Service is terminated due to violation of the Agreement by the User. If rights of Digafriend to use certain domain names terminate or expire the Digafriend shall reserve the right to terminate User's Accounts.
In addition, Digafriend expressly reserves the right, at Digafriend's sole discretion, to terminate any or all parts of the Digafriend Service provided to User, without refunding User for any annual fees paid but not yet accrued, if Digafriend determines, in its sole discretion, that User has failed to comply with any of the terms of the present Agreement or pose a threat to Digafriend, its employees, business partners, other Users and/or public. In such case the Digafriend will, if and when it deems it appropriate:
(1) facilitate criminal prosecution against such User by referring User's spamming activity to the appropriate legal authorities, and
(2) bring a civil action against such User, who shall be liable to Digafriend for any direct, indirect, special, incidental, or consequential damages incurred by Digafriend as a result of User's spamming or other prohibited activity.
Digafriend shall not undertake the responsibility for the deletion or failure to store, to deliver or timely delivery of messages. Without limiting the foregoing sentence, Digafriend may, from time to time and without notice, set limit(s) on the number of messages the User may send, store, or receive through the service, and Digafriend retains the right to delete any messages above or below such limit(s) as well as to deactivate any account which is over such limit(s) without any liability whatsoever, and the User hereby releases Digafriend from any such liability. Any notice provided by Digafriend to Users in connection with such limit(s) shall not create any obligation to provide future notification regarding any change(s) to such limit(s).
If anyone brings a claim against Digafriend related to your actions, content or information on Digafriend, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. You agree to indemnify and hold Digafriend, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the Digafriend Services in violation of this Agreement and/or any Content that you post on, through or in connection with the Digafriend Services.
You are solely responsible for your interactions with other Digafriend Users, third party, developers or any other parties with whom you interact through the Digafriend Services and/or Linked Services. Digafriend reserves the right, but has no obligation, to become involved in any way with these disputes.
Under no circumstances shall Digafriend be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Digafriend Services or Linked Services, attendance at a Digafriend event, or from the conduct of any Users of the Digafriend Services, whether online or offline or by any of the equipment or programming associated with or utilized in the Digafriend Services or Linked Services.
The Digafriend Service may provide, or third parties may provide, links to other World Wide Web sites and resources. As Digafriend has no control over such sites and resources, you acknowledge and agree that Digafriend is not responsible for the availability of such external sites and resources, and does not endorse and is not responsible for any content, advertising, products, or other materials from such sites and resources. You further acknowledge and agree that Digafriend shall not be responsible, directly or indirectly, for any loss or damage caused or alleged to be caused in connection with the use of or reliance on any such content, goods, or services available on or through any such site or resource. Inclusion of any linked website or service on the Digafriend Services does not imply approval or endorsement of the linked website or service by Digafriend. When you access these third party sites and services, you do so at your own risk.
Digafriend 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 User or Member communication.
Digafriend 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 Digafriend Services or Linked Services or combination thereof.
Digafriend cannot guarantee and does not promise any specific results from use of the Digafriend Services or Linked Services.
The Agreement shall be governed by, and construed in accordance with, the laws of the
All disputes in respect of the present Agreement arising between Digafriend and User of the Digafriend Services shall be settled by mutual negotiations. Where there is a failure to reach an amicable settlement the disputes shall be settled pursuant to the legislation the of.
We always appreciate your feedback or other suggestions about Digafriend but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them)
This Agreement was written in English. To the extent any translated version of this agreement conflicts with the English version, the English version controls.
The failure of Digafriend to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
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.