DIGITS
Directory Terms of Use
Acceptance
of Terms
By using the DIGITS Directory (DIGITS) in any way you are agreeing to
comply with these terms, which we may update without notice and encourage
you to check back here at any time. To use the DIGITS Directory, you
must be legally competent to enter a binding agreement.
Privacy
Policy
The only personally identifiable information about you (that is, your
name, e-mail or physical address, or telephone number) that the DIGITS
Directory receives is any information you choose to include in the submission
form if you submit a site for consideration for inclusion in the DIGITS
Directory. We do not share your information with any outside companies.
If
you have any questions regarding your privacy, please contact us at
admin@thumbtips.com.
Security/
No Disruption
You will not disrupt the functioning of the DIGITS Directory or otherwise
act in a way that interferes with other users' use of the DIGITS Directory.
Discretion
Over Content, Use, And Operation of the DIGITS Directory
We may edit, move, or delete any content on the DIGITS Directory (including
content that you have provided) or terminate all or part of the DIGITS
Directory without notice or liability for any reason at our sole discretion.
You acknowledge that Sunset Media Limited and the DIGITS Directory staff
have unfettered editorial discretion to determine the structure and
content of the DIGITS Directory and that, because a site's placement
in the directory is subject to change or deletion at any time, you may
not rely on any aspect of a site's inclusion in the directory. You agree
to waive any claim related to the inclusion, placement, exclusion, or
removal of any site in the DIGITS Directory or to the title or description
of any site appearing in the DIGITS Directory.
We
are not responsible for any failure to remove or delay in removing harmful,
inaccurate, unlawful, or otherwise objectionable content on the DIGITS
Directory originating with or otherwise provided by third parties.
We
may preserve or disclose information about users, including those who
submit sites for possible inclusion in the DIGITS Directory, if required
to do so by law or in the good faith belief that doing so is necessary
to (a) comply with legal process; (b) enforce these terms; (c) respond
to claims that any content violates the rights of third parties; (d)
protect the rights, property, or personal safety of Sunset Media Limited,
its users, or the public; or (e) administer the DIGITS Directory.
Links
to Third-Party Sites
We provide links to other World Wide Web sites or resources. We do not
control these sites and resources, do not endorse them, and are not
responsible for any aspects of those sites, including their availability,
content, accuracy, legality or delivery of services. You waive any claim
resulting from your exposure to material on or through the DIGITS Directory
that is offensive, indecent, or otherwise objectionable. You must be
at least 18 to view adult-oriented areas of the DIGITS Directory.
Indemnity
You will indemnify Sunset Media Limited, Thumbtips.com, and its subsidiaries,
affiliates, officers, agents, and employees against any claim or demand,
including reasonable attorneys' fees, related in any way to your use
of or conduct on the DIGITS Directory.
Disclaimer
/ Limitation of Liability
WE MAKE NO REPRESENTATIONS AS TO THE ACCURACY, QUALITY, TIMELINESS,
AVAILABILITY, OR COMPLETENESS OF THE INFORMATION, SOFTWARE, PRODUCTS,
OR OTHER MATERIALS AVAILABLE THROUGH the DIGITS Directory, AND YOU SHOULD
NOT RELY UPON THEM. WE PROVIDE the DIGITS Directory ON AN "AS IS,
AS AVAILABLE" BASIS. YOU USE IT AT YOUR OWN RISK, AND Sunset Media
Limited, ITS EMPLOYEES, DISTRIBUTORS, DIRECTORS, AND AGENTS ARE NOT
LIABLE FOR ANY ERRORS OR OMISSIONS IN ITS CONTENT OR DELIVERY, OR FOR
ANY FORM OF LOSS OR DAMAGE (INCLUDING ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL,
SPECIAL, OR EXEMPLARY DAMAGES, EVEN IF KNOWN TO US) THAT MAY RESULT
FROM ITS USE. WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO WARRANTY NOT SET FORTH IN THIS AGREEMENT WILL BE VALID. IF ANY OF
THE ABOVE PROVISIONS ARE VOID UNDER GOVERNING LAW, OUR LIABILITY SHALL
BE LIMITED TO THE EXTENT PERMITTED BY LAW.
Copyright
Assignment
(Note: If you are submitting an URL to be included in the directory,
this copyright assignment only applies to the site description that
you want included in the DIGITS Directory, but doesn't extend to your
actual web site or its content).
To
enable us to take appropriate action in the event of infringements by
third parties, and in consideration for the opportunity to use and participate
in the DIGITS Directory, you hereby assign to Sunset Media Limited the
copyright in any material (whether site descriptions, directory organization,
or otherwise) that you create and submit for inclusion or use in the
DIGITS Directory. Sunset Media Limited hereby licenses back to you a
nonexclusive, royalty-free right to use any such material. You further
warrant that you have all rights necessary to authorize the distribution
and re-distribution of any material you submit for inclusion or use
in the DIGITS Directory. You will provide information that we reasonably
request related to any claim that material you submit infringes the
rights of a third party.
Proprietary
Rights
You acknowledge and agree that the content on the DIGITS Directory and
its design, structure, and compilation are protected by copyrights,
trademarks, service marks, patents, trade secrets, or other proprietary
rights and laws. It is very easy to copy things in cyberspace, but not
necessarily always acceptable or legal. Unless otherwise noted, you
may view, copy, download, and print documents from the DIGITS Directory
so long as you use them only for personal, non-commercial purposes and
do not post, distribute, or modify them or remove any copyright, trademark,
or other proprietary notices. For permission to use third-party materials
appearing on or linked from the DIGITS Directory, please contact the
copyright owner.
Claims
of Copyright Infringement
If you believe that your work has been copied and is accessible on the
DIGITS Directory in a way that constitutes copyright infringement, please
contact us here.
Agreement
to Submission Policies and Editor Guidelines
In addition to these terms, if you submit a site for possible inclusion
in the DIGITS Directory, you agree to comply with and be bound by the
DIGITS Directory Submission Policies.
General
Terms
This Agreement constitutes the entire agreement between you and Sunset
Media Limited and governs your use of the DIGITS Directory, superseding
any prior agreements. Additional or different terms and conditions may
apply when you use affiliated websites, third-party content, or third-party
software. Interpretations of the Agreement and determinations that you
have breached the Agreement will be made at our reasonable discretion
and based on facts known to us. The laws of the United Kingdom govern
this Agreement and our relationship. You agree to submit to the personal
and exclusive jurisdiction of the United Kingdom for any claim or dispute
with Sunset Media Limited or any of its subsidiaries, affiliates, officers,
agents, or employees. Our failure to enforce any right under this Agreement
will not waive that right. If any provision of this Agreement is invalid,
the Agreement should be interpreted to effect the intent of the parties,
and the remaining provisions will remain in effect. You must file any
claim or suit related to the DIGITS Directory within one year after
it arises. The section titles in this Agreement are for convenience
only and have no substantive effect.