The following
terms and conditions apply to all persons and/or business
entities ('Subscribers') using the services of the Digit-Eyes websites www.digit-eyes.com,
or www.upcXref.com.
The website from which you accessed this agreement ("the Website") is provided
to you subject to the following conditions. These terms are in addition to any
other terms governing access to the Website. By visiting (in any manner) the
Website you accept these terms and conditions (the "Terms of Service"). Please
read them carefully.
Any Non-Human Visitors to the Website shall be considered agents of the
individual(s) who control or author them. These individuals shall ultimately be
responsible for the behavior of their Non-Human Visitor agents and are liable
for violations of the Terms of Service.
Special License Restrictions for Non-Human Visitors:
Special restrictions on a visitor's license to access the Website apply to
Non-Human Visitors. Non-Human Visitors include, but are not limited to, web
spiders, bots, indexers, robots, crawlers, harvesters, or any other computer
programs designed to access, read, compile or gather content from the Website
automatically. Non-Human Visitors are restricted from taxing the resources of
the Website beyond what would be typical of a human visitor
Furthermore, as specified by the "no-email-collection" flag in the header pages
within the Website and/or the contents of the robots.txt file, email addresses
on this site are considered proprietary intellectual property of the author of
the Website. It is recognized that these email addresses are provided for human
visitors alone, and have value in part because they are accessible only to said
human visitors. By continuing to access the Website, You acknowledge and agree
that each email address the Website contains has a value not less than US $50
derived from their relative secrecy. You further agree that the compilation,
storage, and potential distribution of these addresses by Non-Human Visitors
substantially diminish the value of these addresses. Intentional collection,
harvesting, gathering, or storing email addresses by Non-Human Visitors is
recognized under this agreement as a violation of this agreement and expressly
prohibited.
General Information: Your registration with, or
continued use of, the Digit-Eyes services constitutes your
agreement to these terms and conditions and any disclaimers of
warranty. Digit-Eyes reserves the right, to modify,
alter and update these Terms of Service at any time and you
agree to be bound by such modifications, alterations, and
updates. You agree to review these Terms of Service on a
periodic basis.
Part A: Use of Services
1. License: Digit-Eyes grants you, the
subscriber, a non-exclusive, non-transferable, limited license
to its services.
2. Subscriber Responsibilities: You agree to not use
the Service to:
- upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful,
threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of
another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but
not limited to, a Digit-Eyes official, forum
leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a
person or entity;
- forge headers or otherwise manipulate
identifiers in order to disguise the origin of any
Content transmitted through the Service;
- upload, post, email, transmit or otherwise make
available any Content that you do not have a right
to make available under any law or under
contractual or fiduciary relationships (such as
inside information, proprietary and confidential
information learned or disclosed as part of
employment relationships or under nondisclosure
agreements);
- upload, post, email, transmit or otherwise make
available any Content that infringes any patent,
trademark, trade secret, copyright or other
proprietary rights ("Rights") of any
party;
- upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized
advertising, promotional materials, "junk
mail," "spam," "chain
letters," "pyramid schemes," or any
other form of solicitation, except in those areas
(such as the mail subscription area) that are
designated for such purpose;
- upload, post, email, transmit or otherwise make
available 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 or
hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other
users of the Service are able to type, or
otherwise act in a manner that negatively affects
other users' ability to engage in real time
exchanges;
- interfere with or disrupt the Service or servers
or networks connected to the Service, or disobey
any requirements, procedures, policies or
regulations of networks connected to the Service;
- intentionally or unintentionally violate any
applicable local, state, national or international
law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other
securities exchange, including, without
limitation, the New York Stock Exchange, the
American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States
government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- "stalk" or otherwise harass another;
or
- collect or store personal data about other
users.
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Failure to comply with this provision may result in
immediate suspension or termination of your Digit-Eyes
account.
You understand that the Digit-Eyes Services and software embodied within the
Digit-Eyes Services may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage rules set by Digit-Eyes and/or
content providers who provide content to the Digit-Eyes. You may not attempt to override
or circumvent any of the usage rules embedded into the website. Any unauthorized reproduction, publication, further distribution or
public exhibition of the materials provided on the Digit-Eyes, in whole or in part, is strictly prohibited.
3. Copyright: COPYRIGHT 1995-2016 ALL RIGHTS
RESERVED. All material on this site is protected by
copyrights. Unauthorized copying, reproduction, republishing,
posting, or duplicating of any of the material is prohibited.
The Digit-Eyes Websites contain copyrighted material,
trade secrets, and other proprietary software and
documentation. You may not decompile, reverse engineer,
disassemble, or otherwise reduce the software to a
human-perceivable form. You may not modify, rent, lease, loan,
sell, distribute, or create derivative works based on the
Digit-Eyes Websites or software in whole or in part.
All rights, titles, and interests in downloaded software
and/or information are and shall remain the exclusive property
of the stated owners. You may not upload or reproduce in any
way information protected by copyright without obtaining
permission of the copyright owner. Only files that you own,
public domain files, and files in which the author has given
expressed consent for on-line distribution may be uploaded to
Digit-Eyes libraries. Failure to comply with this
provision may result in immediate suspension or termination of
your Digit-Eyes account.
Submissions containing copyrighted material must designate
all such material with the copyright symbol
"©". These entries will remain owned by the
party that submits them, and that party bears all
responsibility of maintaining such copyrighted material.
Digit-Eyes shall not be held responsible for users
copying such material. All material submitted without
copyright notice becomes the property of Digit-Eyes, L.
L. C.
4. Submission Policy: Submissions made
to Digit-Eyes will become the property of Digital
Miracles. Digit-Eyes reserves the right to relocate
submissions, or place submissions in categories, edit
submissions, or exclude submissions.
5. Linked Sites: Linked Sites are for your
convenience only and you access them at your own risk. Digital
Miracles is not affiliated with such sites and is not
responsible for Linked Sites content.
Part B: General Provisions:
1. Termination: Service may be terminated
by either Digit-Eyes or the subscriber. Subscribers may
terminate service by sending written notice to Digital
Miracles using either electronic or conventional mail.
Termination will be effective on the day that Digit-Eyes
receives the notice or on the future date specified in the
notice. Digit-Eyes may terminate any service with at
least 10 days advance notice. If subscribers terminate a
prepaid account, subscribers forfeit any remaining balances on
the prepaid accounts. Subscribers are liable for any charges
incurred by them until termination. Digit-Eyes reserves
the right to terminate service without notice upon a breach of
Digit-Eyes' terms and conditions or misuse of any kind.
2. Monitoring Accounts: Digit-Eyes does not
monitor any subscriber's account. However, Digit-Eyes,
at its sole discretion, reserves the right to review or edit
any material or information submitted for display or placed on
Digit-Eyes server, with the exception of private
electronic messages that will be reviewed only if required to
do so by law. Digit-Eyes may terminate immediately the
account of any subscriber who misuses any Digit-Eyes
services.
3. Limitation of Liability: Digit-Eyes does
not warrant that the services or the information or programs
contained on Digit-Eyes server will meet your
requirements or that the operations of Digit-Eyes server
will be uninterrupted or error-free; nor does Digit-Eyes
make any warranty as to the results obtained from the use of
Digit-Eyes services.
UNDER NO CIRCUMSTANCES, INCLUDING TORT OR NEGLIGENCE, SHALL
Digit-Eyes BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF
OR INABILITY TO USE THE DIGIT-EYES OR Digit-Eyes
WEBSITES OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN
OPERATIONS OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE
WHETHER OR NOT CAUSED BY EVENTS BEYOND Digit-Eyes'
REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD,
COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR
UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS, OR SERVICES.
In no event shall Digit-Eyes' total liability for all
damages, losses, and causes of actions, whether in contract,
tort, including negligence, or otherwise exceed $1.
Warranty
1. Disclaimer of Warranties: YOU USE THE
DIGIT-EYES WEBSITE AT YOUR SOLE RISK. THESE SERVICES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION
GIVEN BY A Digit-Eyes EMPLOYEE OR ITS AGENTS SHALL
CREATE A WARRANTY.
2. Indemnity: You shall hold Digit-Eyes
harmless from any claims and expenses, including reasonable
attorneys' fees, related to your violation of these terms and
conditions.
3. Notices: Digit-Eyes notices to
subscribers may be given by means of electronic messages
through the Internet, or by a general posting on Digital
Miracles server. All notices to Digit-Eyes from
subscribers should be made in writing using this FORM.
4. General Provisions: Should any of these terms and
conditions be held to be void, invalid, unenforceable, or
illegal by a court, the validity or enforceability of the
other provisions shall not be affected thereby.
Additional terms and conditions may be specified as a
condition of use of certain of the Digit-Eyes features;
you agree to review these terms and conditions on a periodic
basis.
Failure of either party to enforce any provision of these
terms and conditions shall not constitute or be construed as a
waiver of such provision or of the right to enforce such
provision.
5. Miscellaneous: The agreement between Digital
Miracles and the subscribers shall be governed by and
construed in accordance with the laws of the State of
Delaware. These terms and conditions constitute the entire
agreement between the parties with respect to the use of
Digit-Eyes services.
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