YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY CONTENT OR IMAGE TO OUR SITE OR WEB SERVICES, OR DOWNLOAD OF OUR SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT. IN THE EVENT OF ANY LOSS OF, OR DAMAGE TO, YOUR CONTENT OR IMAGES WE SHALL BE LIABLE ONLY TO THE EXTENT NOT TO EXCEED THE AMOUNT PAID FOR SUCH IMPACTED ORDER.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE SITE OR ANY PARTS OF OUR SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE AND WEB GALLERIES; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, DIGILANS INC LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT, EXCEED THE GREATER OF THE VALUE OF THE ORDER OR $150.00.
6. Code of Acceptable Conduct. You agree not to use any of DigiLabs Inc. sites, web galleries or printing, or other, service, for or to: I. Any usage of material that is unlawful, obscene, offensive, pornographic, threatening, menacing, blasphemous, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable;
II. To collaborate in any way with third parties which desire or try and do any of the above
III. To infringe upon the privacy of any other user of our services or customers, or make any private content public.
IV. To infringe on anybody’s copyright, trade mark, or other intellectual property rights
V. Solicit any customer to buy product but sold by DigiLabs or specifically permitted by us.
VI. To use any account other than yours , or to falsify your or any anybody’s identity
VII. Use our services in an attempt to harm DigiLabs, its managers , shareholders or employees
VIII. Any cyber marketing or data collection including “fishing”, collecting, any personal date including usernames, screen names, email information, passwords, user information etc.
IX. Any illegal purposes or goal
7. Cancellation of Accounts. We reserves the right to cancel or discontinue your account at our discretion.
8. Indemnification. You understand and agree that you are personally responsible for your behavior in connection with the use of the Site and our service. You agree to indemnify, defend and hold harmless DigiLabs, shareholders, managers, , employees, agents, business partners, and any third-party service providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of any infringement of the terms of this contract and/or use or misuse of our services, by you or any other person who accesses our service using your account, by your permission intent or negligence.
9. Entire Agreement. This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or contemporaneous oral or written agreements concerning such subject matter. This Agreement may only be changed by mutual agreement of authorized representatives of the parties in writing.
10. Severability. Should any provisions of this Agreement be held by a court of law to be illegal, invalid or unenforceable, the legality, validity and enforceability of the remaining provisions of this Agreement shall not be affected or impaired thereby.
11. Governing Law. This Agreement shall all be governed and construed in accordance with the laws of the State of California. Our failure to enforce this Agreement or parts of thereof shall not constitute a waiver of any provision or right.
13. For details of each program and service please review the section “service details and terms“ and the relevant specific web pages, as they may change from time to time.