Welcome to DigitalB a Michigan limited liability company (the "Company"). The following Terms of Service ("TOS") are between you and the Company, and constituted a legal agreement that governs your use of the Company product, software, services and websites (collectively referred to as the "Service"). You understand and acknowledge that the Service provided by the Company is an internet marketing appliance that enables you and other users to display a variety of digital content in applicable environments. As such the Service is essentially a connection between hardware and software in which the Company provides the Service and you provide the hardware, such as a television or internet connection. You must agree to these TOS before you can use the Service. You can agree to these TOS by: a) actually using the Service, or b) clicking a box that indicates you agree to the Service, where such a box is made available to you. If you do not agree to any of the following terms, please do not use the Service. You should print or otherwise save a copy of these TOS for your records. The Company is located at 39255 Country Club Drive, Suite B-1, Farmington Hills, MI 48331.Legal Authority
To use and/or register for the Service you must be: a) of legal age to form a binding contract with Company, and b) cannot be a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction, including the country in which you reside or from where you use the Service. By accepting these TOS you represent that you understand and agree to the foregoing. If you are under the required legal age, but at least 13 years old, you may still use the Service (subject to applicable local law), but only if the account you are using was created and registered by your parent or legal guardian (see Section 3 below for further details).Updates
The Company may update or change the TOS from time to time and recommends that you review the TOS on a regular basis. You can review the most current version of the TOS at any time at digitalb.net/terms If the Company makes a change to the TOS, it will post the revised TOS on our website at the link as herein noted. You understand and agree that your continued use of the Service after the TOS has changed constitutes your acceptance of the TOS as revised. Without limiting the foregoing, if the Company makes a change to the TOS that materially impacts your use of the Service, the Company may post notice of any such change on our website and/or email you notice of any such change to your account.
Use of the Service requires one or more compatible devices, certain software and internet access with compatible ISP (broadband required for web applications). Separate fees may apply. Your use of the Service may be affected by certain combinations of hardware, software and/or internet access. High speed internet access is strongly recommended. The Service is available in English.Changing the Service
The Company reserves the right to modify or stop the Service (or any part thereof), either temporarily or permanently, at any time or from time to time, with or without prior notice to you. Without limiting the foregoing, the Company may post on our website and/or send email to you, notice of such changes to the Service. It is your responsibility to review our website and/or check your email address for any such notices. You agree that the Company shall not be liable to you or any third party for any modification or cessation of the Service.Limitations on Use
You agree to use the Service only for purposes as permitted by the TOS and any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. Your Company account is allocated certain levels of storage capacity and bandwidth for traffic. Exceeding any applicable limitation of bandwidth or storage capacity is prohibited. In addition, if there is Excessive Usage on your account or any Sub-account (as defined in Section 3 below), the Company reserves the right to temporarily disable access to information available from your account. "Excessive Usage", as used herein, may apply to storage and/or bandwidth capacities, and means your usage within a given month or day (as applicable) greatly exceeds the average level of monthly or daily usage of the Company's members generally. Repeated violations may result in termination of your account. The Company reserves the right to modify these limitations on use at any time.Availability of the Service
The Service, or any feature or part thereof, may not be available in all languages or in all countries, and the Company makes no representation that the Service, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Service, you do so at your own initiative and are responsible for compliance with any applicable laws, including, but not limited to, any applicable local laws.Public Beta
From time to time, the Company may choose to offer new and/or updated features of the Service (the "Beta Features") as part of a Public Beta Program (the "Program") for the purpose of providing the Company with feedback on the quality and usability of the Beta Features. You understand and agree that your participation in the Program is voluntary and does not create a legal partnership, agency, or employment relationship between you and the Company, and that the Company is not obligated to provide you with any Beta Features. The Company may make such Beta Features available to Program participants by online registration or enrollment via the Service. You understand and agree that the Company may collect and use certain information from your account, devices and peripherals in order to enroll you in a Program and/or determine your eligibility to participate. You understand that once you enroll in a Program you may be unable to revert back to the earlier non-beta version of a given Beta Feature. In the event such reversion is possible, you may not be able to migrate data created within the Beta Feature back to the earlier non-beta version. Your use of the Beta Features and participation in the Program is governed by these TOS and any additional license terms that may separately accompany the Beta Features. The Beta Features are provided on an "AS IS", "WHERE IS", and "AS AVAILABLE" basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your device and from peripherals (including, without limitation, servers and computers) connected thereto. The Company strongly encourages you to back-up all data and information on your device and any peripherals prior to participating in any Program. You expressly acknowledge and agree that all use of the Beta Features is at your sole risk. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR PARTICIPATION IN ANY PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. The Company may or may not provide you with technical and/or other support for the Beta Features. If support is provided, it will be in addition to your normal support coverage for the Service and will only available through the Program. You agree to abide by any support rules or policies that the Company provides to you in order to receive any such support. The Company reserves the right to modify the terms, conditions or policies of the Program (including ceasing the Program) at any time with or without notice, and may revoke your participation in the Program at any time. You acknowledge that the Company has no obligation to provide a commercial version of the Beta Features, and that should such a commercial version be made available, it may have features or functionality different than that contained in the Beta Features. As part of the Program, the Company will provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Beta Features. You agree that in the absence of a separate written agreement to the contrary, the Company will be free to use any feedback you provide for any purpose.
When you accept these TOS and complete the Company sign up process, you become the Company "Member Account" holder. You will create a unique name upon sign up that will be used for your account (your "User ID"). You are responsible for all activity that takes place on your Member Account.Account Security
You will be required to select a password. Please choose a strong and uncommon password, and do not reveal your password to others. You agree that you are responsible for keeping your password confidential and secure, and further understand that you are solely responsible and liable for any activities that occur under your User ID. If you suspect or become aware of any unauthorized use of your account please contact Company Support at email@example.com Your further acknowledge and agree that you should not share your account and/or password details with another individual.Sign Up Obligations
Nothing in these TOS shall be construed to convey to you any interest, title, or license in a User ID or similar resource used by you in connection with the Service.No Resale of Service
You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service and/or hardware (or any part thereof) for any purpose.Use of Location-based Services
The Company and its affiliates and partners and licensors may provide certain features or services through the Service that rely upon device-based location information. To provide such features or services, where available, the Company, its affiliates, partners and licensors may collect, use, transmit, process and maintain your location data, including the real time geographic location of your device, and you hereby agree and consent to the Company's and its affiliates and partners' and licensors' collection, use, transmission, processing and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the Service, you agree and consent to Company collecting, using, processing and maintaining information related to your account, and any devices registered thereunder, for purposes of providing such location-based service or feature to you. Such information may include, but may not be limited to, your User ID, device ID and name, device type and real time geographic location of your device at the time of your request. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed or incomplete location data may lead to death, personal injury, property or environmental damage. Neither the Company nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.
"Content" means any information that may be generated or encountered through the use of the Service. You understand that all Content whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that you, and not the Company, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service. You understand that by using the Service, you may encounter Content that you may find offensive, indecent, or objectionable, and that you may expose others to Content that they may find objectionable. The Company does not control the Content posted via the Service, nor does it guarantee the accuracy, integrity or quality of such Content. You understand and agree that your use of the Service and any Content is solely at your own risk.Your Conduct
You agree that you will NOT use the Service to:
You acknowledge that the Company is not responsible or liable in any way for any Content provided by others and has no duty to pre-screen such Content. However, the Company reserves the right at all times to determine whether Content is appropriate and in compliance with these TOS, and may pre-screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of these TOS or is otherwise objectionable.Backup Your Content
You are responsible for backing up, to your own computer or other device, any important documents, images or other Content that you store or access via the Service. Company does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.Access to Your Account and Content
You acknowledge and agree that the Company may access, use, preserve and/or disclose your account information and Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce these TOS, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of Company, its users or the public as required or permitted by law.
You agree to pay all fees and charges specified when you sign up for the Service and any part thereof. All fees are exclusive of applicable taxes (e.g. sales, use, or value-added tax), unless otherwise stated, and you are solely responsible for the payment of any such taxes that may be imposed on your use of the Service.Credit Card Authorization
You may be asked to provide the Company with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. The Company may seek pre-authorization of your credit card account prior to a purchase to verify that the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement.Payment Method
The Company will charge the annual subscription fee and any other additional fees you authorize to the charge or credit card account provided by you. By authorizing the Company to charge a credit card for the fees associated with your subscription, you are authorizing the Company to automatically continue charging that card (or any replacement card if the original card is renewed, lost, stolen, or changed for any reason by the card issuer, and the issuer informs the Company of the new replacement card account) for all fees or charges associated with your subscription, including any renewal fees as described below. You authorize the card issuer to pay any amounts described herein and authorize the Company, or any other company that acts as a billing agent for Company, to continue to attempt to charge all sums described herein to your credit card account until such amounts are paid in full. You agree to provide the Company with updated information on your credit card upon the Company's request and any time the information earlier provided is no longer valid. If payment is not received by the Company from your credit card issuer or its agents, you agree to pay all amounts due immediately upon demand by the Company.Cancellations and Refunds
All fees and charges paid by you in relation to the Service are nonrefundable, except as otherwise stated herein.Changes in Price
The Company may at any time, upon notice required by applicable law, change the price of the Service or any part thereof, or institute new charges or fees. Price changes and institution of new charges implemented during your subscription term will apply to subsequent subscription terms and to all new subscribers after the effective date of the change. If you do not agree to any such price changes, then you must cancel your account and stop using the Service. Your continued use of the Service after the effective date of any such change shall constitute your acceptance of such change.
Except for material we may license to you, the Company does not claim ownership of the materials and/or Content that you submit or make available on the Service. However, by submitting or posting such Content on areas of the Service that are accessible by the public, you grant the Company a worldwide, royalty-free, non-exclusive license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. Said license will terminate within a commercially reasonable time after you or the Company removes such Content from the public area. By submitting or posting such Content on areas of the Service that are accessible by the public, you are representing that you are the owner of such material and/or have authorization to distribute it.Changes to Content
You understand that in order to provide the Service and make your Content available thereon, the Company may transmit your Content across various public networks, in various media, and modify or change your Content to comply with technical requirements of connecting networks or devices. You agree that the license herein permits Company to take any such actions.
The Company, the Company logo, and other Company trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Company in the United States and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
You acknowledge and agree that the Company and/or its licensors own all legal right, title and interest in and to the Service, and any software provided to you as a part of and/or in connection with the Service (the "Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. You further agree that the Service (including the Software, or any other part thereof) contains proprietary and confidential information that is protected by applicable intellectual property and other laws.License From Company
The Company grants you a personal, non-exclusive, non-transferable, limited license to use the Software as provided to you by the Company as a part of the Service and in accordance with these TOS; provided that you do not (and do not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, lease, sublicense, assign, grant a security interest in or otherwise transfer any right in the Software.Export Control
Use of the Service and Software, including transferring, posting, or uploading data, software or other Content via the Service, may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Software may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the Software or Service, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Software or Service for any purposes prohibited by United States law. This assurance and commitment shall survive termination of this Agreement.Updates
As part of the Service, you may from time to time receive updates to the Software from the Company which may be automatically downloaded and installed to your device. These updates may include bug fixes, feature enhancements or improvements, or entirely new versions of the Software. You agree that the Company may automatically deliver such updates to you as part of the Service and you shall receive and install them as required.
You may terminate your account and/or stop using the Service at any time by properly terminating your account login to your DigitalB Control Panel. Any fees paid by you prior to your termination are nonrefundable (except as expressly permitted otherwise by these TOS), including any fees paid in advance for the term during which you terminate. Termination of your account shall not relieve you of any obligation to pay any accrued fees or charges.Termination by the Company
The Company may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. "Cause" for such termination shall include, but not be limited to: (a) violations of the TOS or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) failure to pay any fees owed by you in relation to the Service. Any such termination or suspension shall be made by the Company in its sole discretion, without any refund to you of any prepaid fees or amounts, and the Company will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service.Effects of Termination
Upon termination of your account, you will lose all access to the Service and any portions thereof, including, but not limited to, your Member Account, User ID, and any Content you have uploaded to the Service. In addition, the Company shall delete all information and data stored in or as a part of your account(s). Any individual components of the Service that you may have used subject to separate software license agreements (e.g., Backup software) will also be terminated in accordance with those license agreements.
Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because the Company may have no control over such third party sites and/or materials, you acknowledge and agree that Company shall not be responsible for the availability of such sites or resources, does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products, or materials on or available from such sites or resources. You further acknowledge and agree that the Company shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products or materials on or available from such sites or resources.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AND AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (IV) ANY DEFECTS OR ERRORS IN THE SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES , INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSSES (EVEN IF APPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICE (II) ANY CHANGES MADE TO THE SERVICE OR ANY TEMPORARY OR PERMANENT CESSATION OF THE SERVICE OR ANY PART THEREOF; (III) THE UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE AND/OR SEND OR RECEIVE YOUR TRANSMISSIONS OR DATA ON OR THROUGH THE SERVICE; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; AND (VI) ANY OTHER MATTER RELATING TO THE SERVICE.
You agree to defend, indemnify and hold the Company, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by a third party, relating to or arising from: (a) any Content you submit, post, transmit, or otherwise make available through the Service; (b) your use of the Service; (c) any violation by you of these TOS; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these TOS and/or your use of the Service. You acknowledge that you are responsible for all use of the Service using your account, including any use by Sub-accounts, and that these TOS apply to any and all usage of your account, including any use by Sub-accounts. You agree to comply with these TOS and to defend, indemnify and hold harmless the Company from and against any and all claims and demands arising from usage of your account or any Sub-account, whether or not such usage is expressly authorized by you.
The Company may provide you with notices regarding the Service, including changes to these TOS, by email, by regular mail, or by postings on our website and/or the Service.
Except to the extent expressly provided in the following paragraph, these TOS and the relationship between you and Company shall be governed by the laws of the State of Michigan, excluding its conflicts of law provisions. You and the Company agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Oakland, Michigan, to resolve any dispute or claim arising from these TOS. If (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from these TOS shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
These TOS constitute the entire agreement between you and the Company, govern your use of the Service and completely replace any prior agreements between you and the Company in relation to the Service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these TOS is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The failure of the Company to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these TOS, there shall be no third-party beneficiaries to this Agreement. Any translation of these TOS is performed for local requirements, and in the event of a dispute between the English and any non-English versions, the English version of these TOS shall govern. You agree that any claim or cause of action arising out of or related to these TOS or the use of the Service must be filed within one (1) year after the cause of action arose or be forever barred.