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Last updated: March 9, 2024
Please read this Terms of Service Agreement (“Terms”) carefully. DIGITAL INTELLECTIVE, LLC (“Digital Genius Team” or “we”) provides the services and applications described in these Terms through access to or use of this website and any other websites of Digital Genius Team (collectively, the “Site”). By accessing or using this Site in any way, including using the services and resources provided or enabled through this Site or applications (“Services”), downloading software applications for mobile devices (each application referred to as an “Application,” collectively referred to as “Applications”), or merely browsing this Site, you represent that (1) you have read, understood, and agree to be bound by these Terms, (2) you have reached the legal age to enter into a binding contract with Digital Genius Team, and (3) you are authorized to enter into these Terms on behalf of the company you designate as a customer and to require that company to comply with these Terms. The term “you” refers to the individual or entity recognized as a customer when you register on the Site (as applicable). If you do not agree to be bound by these Terms, you may not access or use this Site or the Services.
Please note that Digital Genius Team may change these Terms at any time at its sole discretion. After changes, Digital Genius Team will provide a new copy of the Terms on the Site. We will also update the “Last Updated” date at the top of these Terms. If we make any significant changes and you have registered to use the Services, we will also send an email to the latest email address you provided to us under these Terms. Any changes to these Terms will take effect immediately for new users of the Site or Services and for any other users who expressly agree to such changes. If you disagree with any changes after receiving such notice, you must stop using the Site and/or Services. Otherwise, your continued use of the Site and/or Services signifies your acceptance of such changes. Please check the Site regularly for the current agreement.
Use of Services
Digital Genius Team and its licensors own all rights, title, and interest in the Applications, software, Site, Services, and information and content provided through the above (collectively, “Digital Genius Team Property”). Digital Genius Team Property is protected by copyright laws around the world. Under these Terms, Digital Genius Team grants you a limited license to copy portions of Digital Genius Team Property, but only for your personal, non-commercial use. Unless otherwise specified in a separate license from Digital Genius Team, your rights to use any Digital Genius Team Property are governed by these Terms. Digital Genius Team and its licensors reserve all rights not granted in these Terms.
Digital Genius Team Software
The use of any software and related documentation (“Software”) provided through the Site or Services, other than Applications, is governed by these Terms. You may not copy or redistribute the Software, including copying or redistributing the Software to any other server or location for distribution or use on a service bureau basis. If the Software is a pre-release version, you may not use the Software for or otherwise rely on the Software for any commercial or production purpose. Digital Genius Team grants you a non-transferable, non-assignable, non-sublicensable, revocable, non-exclusive license to use the Software in the manner permitted by these Terms. Certain Software may be provided under an open-source license that we will provide to you. The terms in the open-source license may expressly override certain terms.
Updates
You understand that Digital Genius Team Property is continuously evolving. Therefore, Digital Genius Team may require you to accept updates to the Applications or Software installed on your computer or mobile device. You acknowledge and agree that Digital Genius Team may update Digital Genius Team Property with or without notice to you. Any updates to Digital Genius Team Property are subject to these Terms. You may need to update third-party software from time to time to continue using Digital Genius Team Property.
User Conduct
As a condition of using the Services, you agree not to use Digital Genius Team Property for any purpose that is prohibited by these Terms or applicable law. You shall not (and shall not permit any third party to) (a) take any action or (b) provide any content on or through the Site and Services that: (i) infringes or violates any patent, trademark, trade secret, copyright, contract right, right of publicity, or other rights of any person or entity; (ii) violates any acceptable use or other policy that may apply to your use of any computer system or network; (iii) is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, infringing, obscene, offensive, or profane; (iv) constitutes unauthorized or unsolicited advertising, junk, or bulk email; (v) involves commercial activities and/or sales without prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonates any person or entity, including any employee or representative of Digital Genius Team;
Other Legal Provisions
Electronic Communications
Communications between you and Digital Genius Team occur electronically, whether you visit the Site or send emails to Digital Genius Team, or whether Digital Genius Team posts notices on the Site or communicates with you via email. For contractual purposes, you (1) agree to receive communications from Digital Genius Team in an electronic form; (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Digital Genius Team provides to you electronically satisfy any legal requirement that such communications be in writing. The above provisions do not affect your statutory rights.
Force Majeure
Digital Genius Team and its licensors shall not be liable for any delay or failure to perform due to causes beyond their reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, actions of civil or military authorities, fire, flood, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, materials, or issues with your computing or network infrastructure, hardware, or products, problems with your internet service provider (ISP), or issues with any website you attempt to access through the Services; or any interruption of power or other utilities.