1. Online Services
2. Links to and from Other Websites
The Online Services may contain Content and/or links to third party websites that are not that are not owned or controlled by DijiWise. If you use these links, you may leave the Online Services and you agree that DijiWise is not responsible for examining or evaluating the content or accuracy of any third party materials or websites or for any other materials, products, or services of third parties. DijiWise has not reviewed any third party websites and does not control and is not responsible for the content, privacy policies, or practices of any such third party websites. Moreover, DijiWise will not and cannot censor or edit the content of any third party website. DijiWise therefore does not endorse, make any representations about, or have any liability for any third party websites, or any material found therein, or any results that may be obtained from using them. By using the Online Services:
You acknowledge and expressly agree to relieve DijiWise from any and all liability arising from your use of any third party website; and
You agree that you will not use any third party materials or websites in a manner that would infringe or violate the rights of any other party and that DijiWise is not in any way responsible for any such use by you.
3. DijiWise Account
In order to access some features of the Online Services from time to time, you may be required to create a DijiWise account. You may never use another user's account without their express permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify DijiWise immediately of any breach of security or unauthorized use of your account. Although DijiWise will not be liable for any losses caused by any unauthorized use of your account, you may be liable for any losses incurred by DijiWise or others due to such unauthorized use.
4. License and Conditions
You agree not to alter or modify any part of the Online Services;
You agree not to distribute or store in any medium any aspect of the Online Services without DijiWise’s prior written consent, unless DijiWise makes available the means for such distribution through a functionality offered by the Online Services;
You agree not to access Content through any technology or means other than the pages of the Online Services itself, or other explicitly authorized means DijiWise may designate from time to time;
You agree not to resell or make any commercial use of the Online Services, including without limitation, using the Online Services in conjunction with the sale of access to the Online Services or the sale of advertising, sponsorships, or promotions placed on or within the Online Services;
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit the Online Services for any commercial purpose without DijiWise’s prior written consent;
You agree not to make any derivative use of the Online Services;
You agree not to frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout or form) of DijiWise and its affiliates without DijiWise’s prior written consent;
You agree not to use any meta tags or any other “hidden text” utilizing the DijiWise name or trademarks without DijiWise’s prior written consent;
You agree not to collect or harvest any personally identifiable information, including account names, from the Online Services, nor to use the communication systems provided by the Online Services for any commercial solicitation purposes;
You agree not to solicit, for commercial purposes, any users of the Online Services with respect to their Content;
In your use of the Online Services, you will comply with all applicable laws;
You agree that DijiWise reserves the right, at any time and for any reason, to modify, suspend or terminate the Online Services (or any part thereof) as described further below;
If you use any DijiWise embeddable player on your website, including but not limited to weblogs (commonly known as “blogs”) and social media websites, you may not modify, build upon, or block any portion or functionality of the embeddable player, including but not limited to links back to DijiWise’s Online Services;
If you use any DijiWise uploader, you agree, as part of your use of the uploader, to receive updates to the Online Services from DijiWise and to allow the automatic download and installation of such updates from time to time. These updates are designed to improve, enhance and further develop the uploader and may take the form of bug fixes, enhanced functions, new software modules and/or completely new versions; and
You agree not to use or launch any automated system, including without limitation “robots,” “spiders,” or “offline readers,” that accesses the Online Services and then sends more request messages to the DijiWise servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, DijiWise grants the operators of public search engines permission to use spiders to copy materials from the Online Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials. DijiWise reserves the right to revoke these exceptions either generally or in specific cases.
5. Use of Content
In addition to the general conditions described above, the following restrictions and conditions apply specifically to your use of Content.
The Content of the Online Services, including all trademarks, service marks and logos on the Online Services, is owned by or licensed to DijiWise, subject to copyright and other intellectual property rights under the law.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Online Services or any features that prevent or restrict use or copying of any Content or enforce limitations on use of the Online Services or the Content therein.
You understand that when using the Online Services, you will be exposed to Content from a variety of sources, and that DijiWise is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against DijiWise with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless DijiWise, its members, officers, employees, representatives, agents, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Online Services.
6. Your Content and Conduct
As an account holder you may have an opportunity to submit Content to the Online Services, including without limitation text, graphics, photos, music, videos and other materials or information. You understand that DijiWise does not guarantee any confidentiality with respect to any Content you submit to the Online Services.
You are prohibited from submitting to or from the Online Services any Content that is: threatening, defamatory, obscene, pornographic, abusive, liable to incite racial hatred, discriminatory, inflammatory, in breach of confidence or in breach of privacy; excessive in length; constitutes or encourages conduct that would be considered a criminal offense, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or, except as otherwise provided herein, is harmful to computers, cellular telephones, tablets, servers, other computer hardware and/or software (including without limitation harm caused by hacking, using robots, spiders, data mining or similar data gathering tools, and automated submission of data).
You further agree that Content you submit to the Online Services will not contain any third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant DijiWise all of the license rights granted herein. DijiWise does not permit copyright infringing activities and infringement of intellectual property rights on the Online Services, and DijiWise will remove all Content if properly notified that such Content infringes on another's intellectual property rights.
DijiWise does not endorse any Content submitted to the Online Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and DijiWise expressly disclaims any and all liability in connection with Content.
DijiWise reserves the right to remove Content without prior notice.
7. Modification, Suspension or Termination Policy
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyright(s), you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate such material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DijiWise’s designated Copyright Agent to receive notifications of claimed infringement is ________________, ______________, MI ___________, email: ___________, fax: ___________. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to DijiWise customer service at ____________________. You acknowledge that if you fail to comply with all of the requirements of this Section 8, your DMCA notice may not be valid.
If you believe that your Content that was removed (or to which access was disabled) is not infringing any copyright(s), or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location where the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the United States District Court for the Eastern District of Michigan, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, DijiWise may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in approximately ten to fourteen business days (or more, if necessary) after receipt of the counter-notice, at DijiWise’s sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE ONLINE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DIJIWISE, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, REPRESENTATIVES, LICENSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ONLINE SERVICES AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OF TRADE PRACTICE.
THE ONLINE SERVICES DELIVERED TO YOU ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. DIJIWISE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE ONLINE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE ONLINE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ONLINE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR ONLINE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR ONLINE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ONLINE SERVICES.
DIJIWISE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE ONLINE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DIJIWISE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
YOU AGREE THAT YOUR SUBMISSION OF CONTENT IS AT YOUR SOLE RISK, AND DIJIWISE DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
10. Limitation of Liability
The Online Services is controlled and offered by DijiWise from its facilities in the United States of America. DijiWise makes no representations that the Online Services is appropriate or available for use in other locations. Those who access or use the Online Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Dated: August 9, 2015