PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE OR THE SERVICES.
DigiCal reserves the right at any time, without notice and in its sole discretion, to modify or remove your event posting on our site or to terminate or suspend your account to use this Site, without any liability to you or any other person. You must agree to be bound by any modifications in order to continue using the Services. If you do not agree to the modifications, you must discontinue your use of the Services.
Upon termination of your account for any reason, any information you have stored on the Site, including calendar entries and End User registrant information, may no longer be retrieved, so you should make a backup copy of any such information on a regular basis. DigiCal will not be responsible or liable for any loss of such information for any reason.4. Copyright and Limited License to Site
Unless otherwise indicated, the Site, the Software and all content and other materials on the Site, including, without limitation, the WhittierEvents logo, and all designs, text, graphics, pictures, images, information, data, software, messages, calendars and other files and the selection and arrangement thereof (collectively, the “Materials”) are the proprietary property of WhittierEVents and DigiCal or its licensors or users and are protected by U.S. and international copyright laws.
DigiCal, WhittierEvents, the DigiCal and WhittierEvents logos and any other product or service name or slogan of DigiCal contained in the Site or used in connection with the Services are trademarks of DigiCal, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DigiCal, except for use of the DigiCal name to accurately refer to DigiCal. You may not use any metatags or any other “hidden text” utilizing “DigiCal” or any other name, trademark or product or service name of DigiCal without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of DigiCal and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. 6. Hyperlinks
You are granted a limited, non-exclusive right to create a text hyperlink to the Site, provided such link does not portray DigiCal or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a DigiCal logo or other proprietary graphic of DigiCal to link to this Site without the express written permission of DigiCal. Further, you may not use, frame or utilize framing techniques to enclose any DigiCal trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without DigiCal’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of DigiCal or any third party.
DigiCal makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web sites accessible by hyperlink from the Site (including, without limitation, any third party payment processing sites used in connection with the Registration Payment Services), or Web sites linking to the Site. Such sites are not under the control of DigiCal, and DigiCal is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DigiCal provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by DigiCal of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.7. Third Party Content
WhittierEvents and DigiCal may provide links to Web pages containing, content of third parties (“Third Party Content”). DigiCal does not monitor or have any control over any Third Party Content or third party Web sites. DigiCal does not endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. DigiCal does not represent or warrant the accuracy of any information contained therein and undertakes no responsibility to update or review any Third Party Content. End Users use these links and Third Party Content contained therein at their own risk. 8. Rules of Conduct for Services and Interactive Areas
The Site and the Services may contain interactive areas, such as calendars, forums, message boards, messages services and chat rooms (the “Interactive Areas”), that enable you or third parties to create, post, transmit or store calendar entries, emails, messages, text, images, photos, graphics, music, sound, data, information, or other materials, items or content on the Site (the “User Content”). You are solely responsible for your use of such Services and Interactive Areas and the User Content and use them at your own risk. By using any Services and Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site or the Services any of the following: a. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
b. User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
c. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
d. User Content or activities that impersonates any person or entity (whether via the use of an email address or otherwise) or that otherwise misrepresents your affiliation with a person or entity or the source of any email;
e. Transmission of any email in violation of the CAN-SPAM Act or any other applicable anti-spam law, or the transmission of unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom you have no preexisting relationship, or transmission of emails that are substantially unrelated to the calendar or event information stored as part of the Client Services;
f. Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, without their express permissions; any third party private financial information such as Social Security numbers and credit card numbers; and any third party patient or protected health information as defined and covered by federal or state laws protecting the privacy and security of patient information including without limitation the Health Insurance Portability and Accountability Act of 1996, as amended;
g. Viruses, worms, defects, hoaxes, Trojan horses, corrupted data or other harmful, disruptive, deceptive or destructive files; and
h. User Content that, in the sole judgment of DigiCal, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose DigiCal or its users to any harm or liability of any type.
DigiCal takes no responsibility and assumes no liability for any User Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto, nor is DigiCal liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. Your use of Interactive Services and Areas is at your own risk. As a provider of Interactive Services and Areas, DigiCal is not liable for any statements, representations or User Content provided by its users in any public or private calendar, forum, or other Interactive Services or Area. Although DigiCal has no obligation to screen, edit or monitor any of the User Content posted in any Interactive Services or Area, DigiCal reserves the right, and has absolute discretion, to screen and remove any calendar, calendar entry, event notice or other User Content posted or stored on the Site at any time and for any reason without notice, and you are solely responsible for creating backup copies of and replacing any calendars, calendar entries event notices, and other User Content you post or store on the Site at your sole cost and expense. 10. License to User Content.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Services, provided by you in the form of email or other submissions to DigiCal are nonconfidential and shall become the sole property of DigiCal. DigiCal shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use, publication and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 12. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, DigiCal has adopted a policy of terminating, in appropriate circumstances and at DigiCal’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. DigiCal may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. 13. Copyright Complaints
DigiCal respects the intellectual property rights of others. If you believe that any material on the Site infringes upon any copyright that you own or control, please email: email@example.com. 14. Indemnification
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DIGICAL, THE SERVICES, THE SITE, THE SOFTWARE, AND THE MATERIALS AND USER CONTENT CONTAINED THEREIN OR PROVIDED IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGICAL DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITE, THE SERVICES, THE SOFTWARE, THE MATERIALS AND THE USER CONTENT. DIGICAL DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE SOFTWARE, THE USER CONTENT, OR THE MATERIALS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. WHILE DIGICAL ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE, THE SOFTWARE AND THE SERVICES SAFE, DIGICAL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES, THE SOFTWARE OR ITS SERVER(S) ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
DigiCal reserves the right to change any and all DigiCal content contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DigiCal.16. Limitation of Liability
IN NO EVENT SHALL DIGICAL, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR ANY THIRD PARTY PAYMENT PROCESSING SITE, THE SERVICES, THE REGISTRATION PAYMENT SERVICES, THE USER CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DIGICAL, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGICAL’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGICAL, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE, THE SERVICES OR THE REGISTRATION PAYMENT SERVICES EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DIGICAL FOR ACCESS TO OR USE OF THE SITE. 20. Applicable Law and Venue
Questions or comments about the Site may be directed to DigiCal by email us at firstname.lastname@example.org or by mailing us at: DigiCal
12411 Slauson Ave Ste A
Whittier, CA 90606