24x7digital LLC WEBSITE and APPS


TERMS AND CONDITIONS


Please read the following Terms and Conditions (these “Terms”) carefully before using the 24x7digital LLC (“24x7digital”) website, as well as any online features, services and/or programs offered by us through our web pages and websites (collectively, the “Website”) and mobile applications (collectively, the "Apps").  By accessing or using the Website and Apps, you agree to the following Terms.  If you do not agree to any portion of these Terms, you should not access or otherwise use the Website and Apps.  “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website and Apps.


  1. 1.CONVENIENCE AND INFORMATION ONLY.  The Website and Apps are provided to you as a convenience and for your information only.  By merely providing access to the Website and Apps, 24x7digital does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) 24x7digital has any obligation to update any Content; (d) the Content is free from technical inaccuracies or programming or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website and Apps will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.


  1. 2.SITE USE AND CONTENT.  You may view, copy or print pages from the Website and Apps solely for personal, non-commercial purposes.  You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website and Apps without the express, prior, written consent of 24x7digital.  At any time, we may, without further notice, make changes to the Website and Apps, to these Terms and/or to the services described in these Terms.  We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms.


3.  DISCLAIMERS


(a)NO WARRANTIES.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND APPS IS AT YOUR SOLE RISK.  THE WEBSITE AND APPS AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.  WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE AND APPS, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE AND APPS ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE AND APPS, OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE AND APPS, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.  24x7DIGITAL DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AND APPS AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT 24x7DIGITAL WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AND APPS AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.  THE ENTIRE LIABILITY OF 24x7DIGITAL AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE AND APPS WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE. 


(b)INDEMNIFICATION.  You agree to defend, indemnify and hold harmless 24x7digital and its directors, officers, employees and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by 24x7digital, directly or indirectly, with respect to or arising out of:  (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.


4.LIMITATION OF LIABILITY.  IN NO EVENT WILL 24x7DIGITAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND APPS AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND APPS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND APPS AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE AND APPS.  BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF 24x7DIGITAL WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. 


5.PRIVACY.  Personal data that you provide regarding yourself will be handled in accordance with 24x7digital's Privacy Policy available at http://www.24x7digital.com/privacy.


6. THIRD PARTY CONTENT. 


(a)24x7digital may provide hyperlinks to other websites maintained by third parties, or 24x7digital may provide third party content on the Website and Apps by framing or other methods.  THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY.  THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER 24x7DIGITAL'S CONTROL AND 24x7DIGITAL IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE.  IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND APPS, YOU DO SO ENTIRELY AT YOUR OWN RISK. 


(b)If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with 24x7digital.  In most cases, 24x7digital is not even aware that a third party has linked to the Website.  A third party website that links to the Website: (i) may link to, but not replicate, 24x7digital's Content; (ii) may not create a browser, border environment or frame 24x7digital's Content; (iii) may not imply that 24x7digital is endorsing it or its products or services; (iv) may not misrepresent its relationship with 24x7digital; (v) may not present false or misleading information about 24x7digital's products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; (vii) should contain only Content that is appropriate for all age groups; and (viii) should not knowingly collect information from children without first complying with all applicable laws, rules and regulations.


7. COPYRIGHT AND TRADEMARKS.  The trademarks, service marks and logos used and displayed on the Website and Apps are 24x7digital’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks.  24x7digital is the copyright owner or authorized licensee of all text and all graphics contained on the Website and Apps.  All trademarks and service marks of 24x7digital, or its subsidiaries or affiliates, that may be referred to on the Website and Apps are the property of 24x7digital, or one of its subsidiaries or affiliates.  Other parties’ trademarks and service marks that may be referred to on the Website and Apps are the property of their respective owners.  Nothing on the Website and Apps should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of 24x7digital's, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without 24x7digital's prior written permission.  24x7digital aggressively enforces its intellectual property rights.  Neither the name of 24x7digital, its subsidiaries or affiliates, nor any of 24x7digital other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Website and Apps or otherwise, without 24x7digital's prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the name “24x7digital” in or as part of that link.


8.SUBMISSIONS.  If you send, transmit, post, e-mail or otherwise convey to 24x7digital, whether at our request or not, any non-personally identifiable information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself, or other materials of any kind whatsoever, including, but not limited to, postings in chat rooms or on bulletin boards (collectively, the “Submissions”), those Submissions will be deemed, and will remain, the property of 24x7digital.  Subject to 24x7digital's Privacy Policy, none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions.  Without limitation of the foregoing, you grant 24x7digital and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world.  You also grant to 24x7digital and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions.  You also warrant to 24x7digital that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above.  You further acknowledge that 24x7digital and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.


9.   AVAILABILITY.  Information that 24x7digital publishes on the Website and Apps may contain references or cross-references to products, programs or services of 24x7digital, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area.  Such references do not mean that 24x7digital, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future.  You should contact 24x7digital for information regarding the products, programs and services that may be available to you, if any.


10.COPYRIGHT COMPLAINTS.  24x7digital owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others.  Materials may be made available on the Website and Apps by third parties not within the control of 24x7digital.  It is our policy not to permit materials known by us to be infringing to remain on the Website and Apps.  Please notify us promptly if you believe that any materials on the Website and Apps infringe on the intellectual property rights of anyone else.  Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), 24x7digital will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue.  Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to 24x7digital Customer Service at: 24x7digital LLC, PO Box 662078, Los Angeles, CA 90066.  In addition, please send an email to support@24x7digital.com.


11.TERMINATION OF SERVICE.  We may terminate your right to access portions of the Website and Apps at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website and Apps, to 24x7digital, to its partners, to the business of the Website’s internet service provider, or to other information providers. 


12.GOVERNING LAW.  These Terms will be governed by the laws of the State of California, without giving effect to any principles of conflicts of laws.  By using or accessing the Website and Apps, you agree that any action at law or in equity arising out of or relating to your use of the Website and Apps or these Terms will be filed only in the state or federal courts in the State of California, Los Angeles County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.


12.   LOCAL LAWS.  24x7digital makes no representation that content or materials on the Website and Apps are appropriate or available for use in jurisdictions outside the United States.  Access to the Website and Apps from jurisdictions where such access is illegal is prohibited.  If you choose to access the Website and Apps from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws.  24x7digital is not responsible for any violation of law.  You may not use or export the Content or materials on the Website and Apps in violation of U.S. export laws and regulations.  You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).


13.   CUSTOMER COMMENTS.  By submitting comments, information or feedback to us through email, the Website and/or Apps, you agree that the information submitted will be subject to the 24x7digital Privacy Policy


Your Consent To This Agreement


By accessing and using the Website and Apps, you consent to and agree to be bound by the foregoing Terms.  If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website and Apps.  If you have additional questions or comments of any kind, or if you see anything on the Website and Apps that you think is inappropriate, please let us know by sending your comments to: support@24x7digital.com.


EFFECTIVE AS OF: JUNE 8, 2012

LAST UPDATED: JUNE 8, 2012