Terms of Use

ACCEPTANCE OF TERMS – WEB SITE

DIGHU MEDIA INC.

 

Welcome to Dighu Media Inc. ("Dighu") and to dighu.com ("Site"). Dighu provides its site and related products and services to site users (“You”) subject to the following user agreement, including without limitation, each of the terms, conditions and agreements incorporated by reference therein (collectively, the "Agreement"). If you do not agree with any of the terms of this agreement, do not access or otherwise use this site or any information contained on this site. Your use of this site, shall be deemed to be your agreement to abide by each of the terms set forth in this agreement and of your intention to be legally bound without limitation or qualification, as revised and updated by Dighu from time to time as set out herein. Dighu can change this agreement at any time by posting an updated user agreement on this site and Dighu may send registered users an email notice of the changes. If any modification is unacceptable to you, you shall cease using this site. If you do not cease using this site, you will be conclusively deemed to have accepted the change.

User Account, Password, and Security

You will receive a password and user account upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to:

(a)            immediately notify Dighu of any unauthorized use of your password or account or any other breach of security, and

(b)           ensure that you exit and logout from your account at the end of each session.

User Conduct

In using this Site, you do agree to respect the Dighu Purpose as reflected in the Dighu Manifesto stated at the beginning of the Privacy Policy.

In using this Site, you agree to not:

1.              Upload, download, post, email or otherwise transmit any materials, including but not limited to text, data, photos, or graphics that are unlawful, harmful, threatening, abusive, vulgar, harassing, defamatory, obscene, pornographic, profane, indecent, inflammatory, libellous, tortuous, hateful, racially, ethnically, socially, politically, legally, morally, religiously objectionable or otherwise objectionable, or invasive of another's rights.

2.              Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.

3.              Upload, download, post, email or otherwise transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. You may contribute only original work that you have created yourself from original elements or have received a proper license to do so.

4.              Upload, download, post, email or otherwise transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, provincial, national, or international law.

5.              Upload, download, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, or any other form of solicitation.

6.              Upload, download, post, email or otherwise transmit any file, program, computer instructions, circuitry or other material that contains software viruses or any other computer code, files or programs, time locks, disabling devices, back doors, automatic restraint, Trojan horse, virus, worm, time bomb, or similar devices designed to interrupt, destroy, harm, interfere or limit the functionality of any computer software, hardware, telecommunications equipment or data, allow unauthorized or undetected access;

7.              Upload, download, post, email or otherwise transmit false or misleading information.

You acknowledge that Dighu does not pre-screen submitted Content.  Dighu and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable to Dighu. You acknowledge and agree that Dighu may preserve Content and may also disclose Content if required to do so by law.

You agree that you are responsible for actions and communications undertaken under your account. Dighu takes no responsibility and assumes no liability for any Content uploaded or otherwise transmitted by or to you or by or to any third-party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, infringement, obscenity, pornography or profanity you or a third party may encounter. You agree to waive any claims against Dighu and its affiliates, contractors, agents and employees for losses, damages and injuries, which are based on or relate to communications, Content or materials on the Site. You agree to indemnify Dighu and its affiliates from all claims and expenses, including reasonable attorney's fees, which claims are based on or arise from your violation of any of the provisions of this Agreement.

Privacy Policy

Your privacy is very important to Dighu. Users of this Site should refer to our privacy policy for information about how Dighu collects, uses and discloses personal information. By accepting this Agreement or by using this Site, you expressly consent to Dighu's collection, disclosure and use of your personal information as described in Dighu’s Privacy Policy.

Changes to or Suspension of the Site

Dighu may at any time, in its sole discretion, change, modify, augment, impose limits or restrictions, or suspend or discontinue Site services, products, features and/or content, in whole or in part. All obligations created through the use of the Site shall survive any change, modification, limitation, suspension or termination of the Site.

Proprietary Rights

You retain all ownership rights to your Content submitted to the Site. By submitting Content to Dighu, you grant Dighu a nonexclusive, worldwide, transferable license to use, copy, reproduce, modify, publicly display, and distribute your Content, without limitation or qualification.

Intellectual Property Policy

Dighu respects the intellectual property rights of others. We require that our users to do the same. Dighu may terminate the accounts of users who, in our sole discretion, appear to infringe the copyright or other proprietary or intellectual property rights of others.

No Resale

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site or access to the Site without Dighu 's express written consent.

Termination

You agree that Dighu, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Site, and remove and discard any Content you may have contributed to the Site, at any time for any reason or no reason. Dighu may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Dighu may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files of the Site. Further, you agree that Dighu shall not be liable to you or any third-party for any termination of your access to the Site. Should you object to any terms and conditions of the Agreement or become dissatisfied with the Site in any way, your only recourse is to immediately discontinue your use of the Site and/or terminate your account.

Age and Geographic Restrictions

You must be at least 13 years of age to use this Site or have the consent of your parent or guardian to do so. Please contact us if you have any concerns or questions about this restriction. Dighu shall have no responsibility for issues concerning minors in connection with the Site or the products, services or programs offered through the Site.

Disclaimer of Warranties

Your use of the site is at your sole risk. We will use reasonable efforts to ensure this website is always secure and all information in this site is up to date and accurate.  Despite these efforts, information on this website may contain inaccuracies or typographical errors.

Severability

If any provision of this Agreement is invalid, illegal or unenforceable under any applicable statute or rule of law, such provision shall be deemed amended to achieve as nearly as possible the same economic effect as the original provision and the remaining provisions of this Agreement shall in no way be affected or impaired.

Copyright

All rights reserved.  Permission is granted to electronically copy information from this website and to print in hard copy for internal, non-commercial and personal use only.

Governing Law

All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligation of a registrant, shall be governed by, and construed in accordance with, the substantive laws of the Province of Alberta, without regard to principles of conflict of laws.  The Courts of the Province of Alberta, judicial district of Calgary shall have exclusive jurisdiction to decide any disputes and you irrevocably attorn to the jurisdiction of those courts.

 

 

General

These terms and conditions and your relationship with Dighu shall be governed by and construed in accordance with the laws of the Province of Alberta, without resort to its conflict of law provisions. This Agreement will not be governed by the United National Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. You and Dighu agree to submit to the personal and exclusive jurisdiction of the courts located within the Province of Alberta. No agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement. Dighu may assign its rights and responsibilities hereunder without notice to you. The failure of a party to exercise or enforce any right or provision of this Agreement will not constitute a waiver of the right or provision. Dighu's failure to act with respect to a breach by you or others does not waive Dighu's right to act with respect to subsequent or similar breaches. This Agreement, together with the Nonexclusive License Agreement and the Associate Agreement constitutes the entire agreement between you and Dighu, and supersedes all other communications, written or oral, with regard to the Site and services provided by Dighu.