Terms of Use - Civet Digital

WEBSITE TERMS OF USE

1. ACCEPTANCE OF TERMS

The services that Civet Digital. provides to User are subject to the following Terms of Use (“TOU”). Civet Digital. reserves the right to update the TOU at any time without notice to User.

This Agreement, which incorporates by reference other provisions applicable to use of civetdigital.com, including, but not limited to, supplemental terms and conditions set forth hereof (“Supplemental Terms”) governing the use of certain specific material contained in civetdigital.com, sets forth the terms and conditions that apply to use of civetdigital.com by User. By using civetdigital.com. (other than to read this Agreement for the first time), the User agrees to comply with all of the terms and conditions hereof. The right to use civetdigital.com is personal to User and is not transferable to any other person or entity. The User is responsible for all use of the User’s Account (under any screen name or password) and for ensuring that all use of the User’s Account complies fully with the provisions of this Agreement. The User shall be responsible for protecting the confidentiality of the User’s password(s), if any.
Civet Digital shall have the right at any time to change or discontinue any aspect or feature of civetdigital.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.

2. DESCRIPTION OF SERVICES

Through its Web property, Civet Digital. provides User with access to a variety of resources, product information, sign up forms, and various resources (collectively “Services”). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.

3. USE OF SITE AND SERVICES

Subject to your acceptance of and full compliance with these Terms, we grant to you a limited, non-exclusive, non-transferable, revocable license to access and use this Site and the Services for its intended purposes only. You agree that you may not use the Services for any other purpose, or copy or distribute this Site or the Services except as specifically allowed in these Terms. Your use of this Site and the Services is conditioned upon your continued full compliance with these Terms. Any use of the Services in violation of these Terms will be treated as an infringement of the Company’s copyrights in and to this Site and/or the Services. We reserve the right to terminate your access and use of this Site and the Services without notice if you violate these Terms

4. MEMBER ACCOUNT, PASSWORD, AND SECURITY

If any of the Services requires User to open an account, User must complete the registration process by providing Civet Digital. with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Civet Digital. immediately of any unauthorized use of User’s account or any other breach of security. Civet Digital. will not be liable for any loss that User may incur as a result of someone else using a User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Civet Digital. or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder. No account is required to browse the site.

5. DATA COLLECTION & OWNERSHIP

User Consent. All User Data is exclusively owned by Company; however, Publisher owns all data collected directly by Publisher from Users or submitted by Users directly to Publisher, such as through User interaction with the Publisher Properties or the completion of forms and information submitted on the Publisher Properties. Publisher shall, at all times during the Term of this Agreement, clearly and conspicuously post on any Internet Properties that utilizes the Company Products an easy to understand set of terms and conditions and privacy policy compliant with all Laws (including without limitation the GDPR) and permitting all advertising and monetization activities, data collection, and use contemplated by this Agreement (including Company’s use of cookies and other automatic information gathering or targeting technologies, as well as all other collection and use of User Data under this Agreement), and which clearly discloses and obtains any necessary User consent for: (a) Publisher’s advertising or other monetization activities in accordance with applicable Law, including the display of Advertising Materials and any other Monetization Activities provided through the Company Products; (b) all use of advertising or other monetization technology relating to data collection, reporting, and targeting activities; (c) an easy to use “opt-out” method for User to opt-out of data collection, the display of Advertising Materials, or other Monetization Activities, such as instructions for uninstalling the Publisher Properties; and (d) the collection of data by, and sharing of data with, third parties including Company. Publisher shall not collect, transmit, or use data collected from Users in any manner which violates any applicable Laws, regulations, or industry best practices, or is inconsistent with any applicable privacy policy, terms of use, or similar policy of the Internet Properties. To the extent that any User Data or other data collected or utilized under this Agreement constitutes personal data under the GDPR, the processing of and each Party’s obligations with respect to such personal data is governed by the terms of the Data Processing Addendum for Supply Partners (“Supply DPA”) hosted at https://civetdigital.com/SupplyDPA.pdf or elsewhere in the Dashboard, which is hereby incorporated by reference. Publisher acknowledges that in providing the Company Services, Company is acting as Publisher’s data processor in its processing of such personal data on Publisher’s behalf, and Publisher further represents and warrants that as the data controller of personal data it shall comply with the DPA and applicable terms of the GDPR, and that it has the right to collect, use, and transfer such data to Company in order to utilize the Company Services.

6. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY

USER EXPRESSLY AGREES THAT USE OF CIVETDIGITAL.COM IS AT USER’S SOLE RISK. NEITHER CIVETDIGITAL.COM, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT CIVETDIGITAL.COM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF CIVETDIGITAL.COM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH CIVETDIGITAL.COM.
CIVETDIGITAL.COM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT CIVET DIGITAL. IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
IN NO EVENT WILL CIVET DIGITAL OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING CIVETDIGITAL.COM OR THE CIVET DIGITAL SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE civetdigital.com. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, CIVET DIGITAL , NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN CIVETDIGITAL.COM , OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE – NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.

7. LINKS TO THIRD PARTY SITES

SOME LINKS ON OUR WEBSITE WILL LET YOU LEAVE CIVET DIGITAL ‘S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF CIVET DIGITAL AND CIVET DIGITAL IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. CIVET DIGITAL . IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. CIVET DIGITAL . IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY CIVET DIGITAL. OF THE SITE.

Civet Digital. is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Civet Digital. has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of civetdigital.com , are those of the respective author(s) or distributor(s) and not of Civet Digital. Neither Civet Digital. nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through civetdigital.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Civet Digital. Civet Digital. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on civetdigital.com by anyone other than authorized Civet Digital. employee spokespersons while acting in their official capacities. Under no circumstances will Civet Digital. be liable for any loss or damage caused by a User’s reliance on information obtained through civetdigital.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Civet Digital .Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

8. MONITORING

Civet Digital. shall have the right, but not the obligation, to monitor the content of civetdigital.com , including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by Civet Digital. and to satisfy any law, regulation or authorized government request. Civet Digital. shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on civetdigital.com. Without limiting the foregoing, Civet Digital. shall have the right to remove any material that Civet Digital in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

9. INDEMNIFICATION

User agrees to defend, indemnify and hold harmless Civet Digital, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of Civet Digital. by User or User’s Account.

10. TERMINATION

Either Civet Digital. or User may terminate this Agreement at any time. Without limiting the foregoing, Civet Digital. shall have the right to immediately terminate User’s Account in the event of any conduct by User which Civet Digital in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.

11. MISCELLANEOUS

This Agreement and any operating rules for civetdigital.com established by Civet Digital. constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of California, USA, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

12. COPYRIGHT NOTICE

13. TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred. Any rights not expressly granted herein are reserved.

14. CHANGED TERMS

Civet Digital. shall have the right at any time to change or modify the terms and conditions applicable to User’s use of civetdigital.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on civetdigital.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of civetdigital.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.