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| Welcome to the mydigisite.com service, provided to you by Dadeo Limited trading as mydigisite.com. These Terms & Conditions govern your use of mydigisite's service. Your use of mydigisite's service constitutes acceptance of these Terms & Conditions and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service. |
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Introduction
Welcome to the mydigisite.com service, provided to you by Dadeo Limited trading as mydigisite.com. These Terms & Conditions govern your use of mydigisite's service. Your use of mydigisite's service constitutes acceptance of these Terms & Conditions and creates a binding legal agreement, so please read them carefully. Please note, you must be 18 years or older to use this service.
Registration
You agree that the information that you provide to us on registration and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your e-mail address, since that is the primary way in which we will communicate with you about your account and your orders. We will use the information you provide to us in accordance with our Privacy Policy.
Storage Policy
mydigisite provides online storage of images to its members for an initial period of 12 months from the date you first purchased your mydigisite account. To maintain storage, you need to make a renew by making a purchase from mydigisite on or before the anniversary of your mydigisite account. If you do not purchase a renewal service, mydigisite may delete the images stored in your account. In addition, if your account becomes inactive for a period of 60 months, mydigisite may, at its option, terminate access to the account altogether (including deletion of any account information held by mydigisite). mydigisite may change this policy at any time, upon reasonable notice to you.
Your Privacy
mydigisite has a firm commitment to safeguarding your privacy. Please review mydigisite's Privacy Policy. The terms of mydigisite's Privacy Policy are considered part of, and are incorporated into, these Terms & Conditions.
Your Copyrights
mydigisite respects the intellectual property rights of others. If you believe your copyright in a work has been violated through this service, please contact mydigisite. You must provide mydigisite with the following information, which mydigisite may then forward to the alleged infringer:
1. Describe the copyrighted work that you believe has been infringed;
2. Identify the material on mydigisite's site that you believe infringes your work, with enough detail so that we may locate it on the site;
3. Provide your address, telephone number, and e-mail address;
4. Provide a statement that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;
5. Declare under penalty of perjury that (a) the information you have provided to us is accurate, and (b) you are the owner of the copyright interest involved or you are authorised to act on behalf of that owner; and,
6. Provide your physical or electronic signature.
Upon receiving your complaint, mydigisite may remove content that you believe infringes your copyright. In addition, mydigisite may terminate the account of the member who appears to be infringing your intellectual property rights.
mydigisite claims no ownership rights in any image contained in any of your photo albums. Please note, however, that when you share a photo album, you allow the recipients of that album to share and make photographic prints from the images contained in that album. For the sole purpose of displaying your images through your mydigisite album, you grant to mydigisite a non-exclusive, royalty-free license to use, copy, distribute, and display those images.
Your Conduct
You are responsible for all of the images you upload, share or copy using mydigisite's service. You must have the legal right to display each image that you upload or share. Professional images that are provided to you by professional photographers or made available through websites magazines, books or other resources, are protected by copyright and should not be uploaded, shared or copied using this service.
In addition, the actions further described below, will constitute grounds for blocking your access to our service, removal of posted material and non-fulfillment of your order (or any part of your order). As condition of your use of this service, you shall not:
• Upload, post, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, harassing, defamatory, obscene, vulgar, invasive of another's privacy, hateful, or otherwise objectionable;
• Upload, post, order for print, e-mail or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements) or any content that infringes any trademark, trade secret, copyright or other proprietary rights of any party;
• Harm minors in any way, including, but not limited to, content that violates federal and state child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site;
• Upload, post, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software;
• Interfere with or disrupt (or attempt to interfere with or disrupt) this site or servers or networks connected to this site, or disobey any requirements, procedures, policies or regulations of networks connected to this site;
• Use this service for the purpose of making images available for viewing to the general public;
• Provide any information to mydigisite that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
mydigisite reserves the right to refuse to fulfill any order, or any part of any order, if it believes that these Terms & Conditions have been violated. In addition, mydigisite reserves the right to disclose any account or order information when it believes in good faith that the law or legal process requires it, or when it is necessary to do so to protect the rights or property of mydigisite or others.
Copyright
MYDIGISITE, and all graphics, logos and service names used to identify mydigisite's products and services are copyright of mydigisite or its parent company, Dadeo Limited. Third party trademarks used in connection with this service are the property of their respective owners. You are not entitled to use any material in connection with any product or service without the express permission of the owner of that copyright.
You should assume that all of the content, or other works, made available to you through the service, (together, the "Content") is protected by copyright or other proprietary rights. You are not entitled to duplicate, create derivative works of, distribute, display or perform any Content without the express permission of the owner of that Content.
No Monitoring of Content
mydigisite does not control the content of any user's album and does not have any obligation to monitor such content for any purpose. All content provided by a user of this service is the sole responsibility of that user, not mydigisite.
DISCLAIMER OF WARRANTY AND LIMITATIONS OF LIABILITY
THIS SITE AND ALL PRODUCTS AND SERVICES PROVIDED BY MYDIGISITE ARE PROVIDED "AS IS" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED. TO THE FULLEST EXTENT PERMITTED BY LAW, MYDIGISITE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO MYDIGISITE, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH MYDIGISITE'S SERVICE 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 MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITIAL CONTENT.
EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, MYDIGISITE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES RESULTING FROM THE USE OR PROVISION OF MYDIGISITE'S SERVICE OR SITE, EVEN IF MYDIGISITE HAS 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.
General Terms
All legal issues arising from or related to the use of this service shall be construed in accordance with the laws of the United Kingdom without regard to conflicts of law principles. These Terms & Conditions constitute the entire agreement between you and mydigisite with respect to the use of this service. mydigisite's failure to enforce any right or provision in these Terms & Conditions shall not constitute a waiver of such right or provision or of any other rights or provisions in these Terms & Conditions. If a court should find that one or more rights or provisions set forth in these Terms & Conditions are invalid, you agree that the remainder of the Terms & Conditions shall be enforceable and that the invalid provision shall be enforceable to the fullest extent permitted by law.
mydigisite reserves the right to amend these Terms & Conditions from time to time. In the event of a material change, we will notify you by e-mail, sent to the e-mail address you provide to us. If you continue to use the service once you have been notified of the changes to the Terms & Conditions, you will be deemed to have accepted the changes.
Right To Cancel
Under the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any services from mydigisite.com within seven working days.
To cancel any services that you may have requested from mydigisite.com please contact us within 7 days of placing the order and we will confirm to you via email that we acknowledge your cancellation and that the services you have requested are now cancelled. Please ensure you provide your customer number and purchase details to us within the letter.
If you wish to cancel your agreement after 7 days but before the end of the agreed annual term, you may do so in writing however we regret that we are unable to provide any refunds and you will be liable for all payments until the end of the agreed term.
If you have any further questions in reference to this matter and wish to contact us via post or phone please do so using the details below:
mydigisite.com
37 Rosemary Avenue
London N3 2QP
Tel: 0208 346 7112
As a security measure we cannot accept cancellations via e-mail. This Cancellation policy does not affect your statutory rights. |
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