1. ACCEPTANCE
Welcome to www.digi-ids.com (the “Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully.
By accessing, browsing, or using the Site (“Use”), all users and viewers (“You,” “you,” “User,” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site.
PLEASE READ: BY DOWNLOADING, USING OUR SOFTWARE, OR PURCHASING SERVICES RELATED TO THE SOFTWARE, YOU ACCEPT THE TERMS AND CONDITIONS STATED BELOW IN A LEGALLY BINDING MANNER.
Digi-IDs and its subsidiaries reserve the right to update this Notice from time to time in its sole discretion. You should review this Notice periodically for updates and changes.
2. ELIGIBILITY
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. If you are a minor, please do not use the Site.
3. LICENSE
All materials displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the “Material”) are exclusive property of Digi-IDs or its content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not (i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or (ii) use the Material on other web sites or any media, e.g., networking environment, without Digi-IDs prior written consent. All trademarks, service marks, and logos (the “Marks”) displayed on the Site are exclusive property of Digi-IDs and their respective owners. You shall not use the Marks in any manner without Digi-IDs and their respective owners’ prior written consent.
4. SOFTWARE LICENSE AGREEMENT
If you are obtaining the software and digital forms as defined below on behalf of a company, you represent that you are duly authorized to represent the company and accept the terms and conditions of the agreement on behalf of the company. A binding contract is then formed between Digi-IDs and the company in accordance with the terms of this agreement. You personally agree not to commit or encourage any violation of our agreement with the company.
If the company you represent or you (collectively “you”) do not agree to the terms and conditions of this agreement, do not download or install the software or digital forms.
Personal and Non-Profit License: Digi-IDs grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and download a copy of the materials displayed on the Site solely for your personal and non-commercial use for yourself or within your organization.
All right, title and interest including, but not limited to, copyright and other intellectual property rights in and to the software (including but not limited to all html, asp, aspx, dll, graphic/image, afm, pdf and text files) are owned by Digi-IDs. Such rights are protected by United States copyright laws, other applicable copyright laws, and international treaty provisions. Digi-IDs retains all rights not expressly granted herein.
You may not redistribute, sell, decompile, reverse engineer, or disassemble the software (permission is granted to view/modify the source code contained within the “ini”, “inf”, and “afm” files only, for the purpose of enhancing or customizing the product). The software, including any modified or customized versions, cannot be resold, redistributed, or offered as a service without explicit written permission from Digi-IDs reserves the right to refuse permission to use this software product to any individual or company for any reason, and may do so without notice. You may not remove any copyright notices in any of the source code, such as those in “afm” forms , this includes any references to Digi-IDs.
Business License: Digi-IDs grants you an all encompassing for profit license for yourself or your organization. You may modify and redistribute the digital forms for profit and you may enter your own copyright notices in any of the digital forms.
Except to the extent prohibited by local law, in no event will Child ID Kits Downloads, or it’s employees or officers be liable for direct, special, incidental, consequential or other damages (including lost profit, lost data, or downtime costs), arising out of the use, inability to use, or the results of use of the software, whether based in warranty, contract, tort or other legal theory, and whether or not advised of the possibility of such damages. Your use of the software is entirely at your own risk. Should the software prove defective, you assume the entire cost of all service, repair, or correction.
5. RETURN POLICY
Software (including but not limited to all html, asp, aspx, graphic/image, afm, pdf and text files) that is not specifically referred to as “trial software”, or that includes the “source code”, cannot be returned for a refund. Should you experience a problem with any purchased software, Digi-IDs offers support services to assist with any technical issues. There are no refunds on installation services or any software that has been installed, downloaded, or emailed to you.
6. GENERAL PROHIBITION
In connection with your use, you agree NOT to:
1. violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws;
2. infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;
3. upload, post, transmit, or store any material that:
1. is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable;
2. breaches any of your contractual or confidentiality obligations;
3. disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or
4. are not permitted by Digi-IDs, including, but not limited to, any unauthorized advertising materials, unsolicited promotional materials, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement, or otherwise unacceptable materials;
5. violate other’s privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails, and collecting other’s personal information;
6. breach or attempt to breach any security measures of the Site;
7. use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Digi-IDs prior written consent;
8. access or attempt to access any account or login of any third party listed on the Site;
9. copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials that have been submitted and owned by you;
10. post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information;
11. impersonate any person or entity;
12. forge any header information in any electronic posting or mail; or
13. misrepresent yourself, your affiliation with any third party, or your entity.
7. ACCOUNT AND PASSWORD
The Site may present you with opportunities to open an account with the Site. It is your sole responsibility to (a) maintain the confidentiality of your account logon and password; (b) frequently update and revise your password; and (c) promptly notify Digi-IDs if there is any unauthorized use of your account or any breach of security.
8. LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks or buttons, directing access to third party’s web sites (“Linked Sites”). The Linked Sites may not be controlled or monitored by Digi-IDs. Digi-IDs shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between Digi-IDs and the owner of the Linked Sites or any endorsement or sponsorship by Digi-IDs of the Linked Sites. Digi-IDs includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution, and common sense in using the Linked Sites.
9. PRIVACY
Go to www.digi-ids.com for more details regarding our Website Privacy Policy.
10. INDEMNIFICATION
You agree to indemnify, defend, and hold Digi-IDs, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys’ fees and legal fees, resulting from or arising out of your Use of the Site, your Submitted Materials, or your violation of any terms and conditions of this Notice.
11. DISCLAIMER
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. (B) Digi-IDs EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (C) Digi-IDs EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.
12. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE Digi-IDs, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. 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.” YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT Digi-IDs, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF Digi-IDs HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, Child ID Kits Download’s AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.
13. GENERAL
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Digi-IDs arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and Digi-IDs governing your Use of the Site and is additional to any binding agreement between you and Digi-IDs. This Notice is governed by the laws of the State of New York, United States of America, without giving effect to any principles of conflict of laws. Digi-IDs does not warrant that this Site will be lawful outside the United States. If you view, access, submit, or download materials to and from the Site outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of this Notice shall not be deemed as a waiver of such term.
Last updated: January 6, 2012 – If you need more information regarding the Site or this Notice, please contact us using our contact form.
Digi-IDs