By accessing or using the Platform you agree to be bound by the foregoing. If you have questions about these Terms, please contact us at firstname.lastname@example.org.
Through the Platform, Digital Places, LLC (“Digital Places”) provides you with access to a variety of resources (collectively the "Services"). You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. You must provide us accurate information, including your real name, when you create your account on the Platform. We may, without prior notice, change the Platform; stop providing the Platform or features of the Platform, to you or to users generally; or create usage limits for the Platform.
You must have an account (“Account”) in order to utilize certain features of the Platform. To create an Account, you must provide certain information about yourself, a valid email address and create a password. If you create an Account on behalf of an entity, such as your business or employer, you represent that you have the legal authority to bind that entity to these Terms. You may also be able to create an Account and access the Platform through various social networking sites, such as Facebook. If you access the Platform through any such social networks, you agree that we may access, make available, and store (if applicable) any information, data, text, and/or other materials that you have provided to and stored and made accessible in your social networking profile so that same information is available through the Platform, subject to any privacy or other restriction settings you maintain with that social network.
You are solely responsible for maintaining the security and confidentiality of your password and are solely responsible for all use of your account. You agree to notify us if you suspect any unauthorized use of your account or access to your password. Digital Places is not liable for any losses you may incur as a result of unauthorized use of your account whether with or without your knowledge. You may not use any other account at any time, without the permission of the account holder.
Accounts, including those made on behalf of an organization, business or other entity, and Account credentials are non-assignable and non-transferrable without the express consent of Digital Places. If you wish to transfer ownership of an Account made on behalf of an organization, business or other entity, contact email@example.com to obtain authorization to transfer.
You may delete your account at any time. We may suspend or terminate your account or suspend or terminate your access to any or all parts of the Platform for any reason and without notice. Digital Places will have no liability whatsoever to you for any termination of your account or related deletion of your information.
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Platform, whether created by Digital Places, you or any third-party. You retain ownership of all Content you submit, post, display, or otherwise make available on the Platform. By submitting, posting or displaying Content on or through the Platform, you grant Digital Places a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works from, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this license includes the right for Digital Places to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and Platforms, subject to our terms and conditions for such Content use. Such additional uses by Digital Places or others may be made with no compensation paid to you.
We may modify, adapt, or create derivative works from your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, Platforms or media.
You agree that you will not contribute any Content that (a) infringes, violates or otherwise interferes with any copyright or trademark of another party, (b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it, (c) infringes any intellectual property right of another or the privacy or publicity rights of another, (d) violates any contractual right of any third-party, including but not limited to violating any employment, non-disclosure or other such agreement between you and a third-party, (e) is false, misleading, libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party, (f) creates an impression that you know is false, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity; (g) contains other people's private or personal information without their express authorization and permission, and/or (h) contains or links to a virus, trojan horse, worm, or any other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. Digital Places reserves the right, in its sole discretion, to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Platform. Any use of or reliance on any Content or materials posted via the Platform or obtained by you through the Platform is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Platform or endorse any opinions expressed via the Platform. You understand that by using the Platform, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will Digital Places be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Platform or broadcast elsewhere.
You are responsible for your use of the Platform, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third parties. You understand that your Content may be republished and if you do not have the right to submit Content for such use or if such Content violates any legally recognized right of any third-party, it may subject you to liability.
Third-parties and other Platform users can flag and make Digital Places aware of Content such party believes as potentially in violation of these Terms. Upon receipt of any flag or inquiry concerning Content, Digital Places will review that Content and make a determination, in its sole discretion, as to whether such Content violates these Terms. If such Content is determined to be in violation of these Terms, Digital Places may remove such Content and take such actions against the user who posted that Content as may be available under this Agreement.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Platform and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information if we believed in good faith that it is reasonably necessary to (i) satisfy any applicable law, regulation, legal process or governmental request (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users (such as these Terms), including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Digital Places, its users and the public.
In exchange for access to the Platform, you agree that you will only use the Platform as provided for by these Terms and only for purposes consistent with all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have with any third parties, including but not limited to current and former employers. You are solely responsible for any and all Content posted on the Platform through your account and by posting any Content on the Platform you agree that such content complies with these Terms and all applicable laws and other enforceable obligations, as described above and, further, that if such Content violates these Terms and/or applicable laws or third-party rights you will be solely responsible for the consequences of same. Any violation of these Terms may result in suspension or termination of your account, without notice.
By accessing the Platform, you agree you will not:
a. Misrepresent yourself, impersonate another, create multiple accounts or submit any false data;
b. Use the Platform for any fraudulent or illegal purposes or to promote, endorse or further any illegal activities;
c. Post any Content that you do not have rights to post or that will otherwise infringe upon the Intellectual Property or other rights of any third-party;
d. Post Content that is defamatory, libelous, or fraudulent; that you know to be false or misleading; or that does not reflect your honest opinion and experience;
e. Post any Content in violation of these Terms, in violation of any applicable Federal, state or local law or rule, or Content that violates any legally enforceable obligations (including contractual obligations) you may have with any third parties;
f. Engage in any behavior that is, as determined in Digital Places’s sole discretion, harassing, threatening, abusive, racist or bigoted, is otherwise objectionable;
g. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;
h. Post Content that is sexually explicit in nature or otherwise engage in the sexual exploitation of any person(s);
i. Solicit personally identifying information from others;
j. Use the Platform for any commercial purpose, including but not limited to any use in connection with or the creation of any website, app or platform competitive with or similar to the Platform;
k. Download any file posted by another user that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
l. Falsify, delete or modify any copyright management information, such as author attributions, watermarks, legal or other notices or proprietary designations or labels of the origin or source of software or other Content;
m. Use the Platform to create and/or send email and/or messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam laws;
n. Engage in the scraping, striping or mining of data from the Platform by any means, without prior written consent;
o. Create any Frames or Mirrors of the Platform or any part of the Platform, incorporate any or all of the Platform into any other website or create any deep links to any area of the Platform without prior written consent;
p. Create any copy of, modification or derivative work of the Platform, without prior written consent;
q. Engage in any copying, reverse engineering or decompiling of any data, aspect or functionality of the Platform;
r. Use the Platform in connection with any attempt at denial of service or other such manner as to disrupt the Platform or any networks connected to the Platform;
s. Upload or otherwise introduce any viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or similar software to the Platform or to attempt to circumvent or otherwise breach any Platform security feature.
All right, title, and interest in and to the Platform (excluding Content provided by users) is and will remain the exclusive property of Digital Places and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Digital Places name or any of the Digital Places trademarks, logos, domain names, and other distinctive brand features.
For your convenience, Digital Places may make software available for download on the Platform Any software that is made available to you for download from the Platform is the copyrighted work of Digital Places (“Digital Places Software”) or its suppliers (Third-party Software). Use, reproduction and distribution of Digital Places Software and Third-Party Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software ("License Agreement").
Use, reproduction and/or distribution of Software not in accordance with the terms of any License Agreement pertaining to such Software is expressly prohibited.
SOFTWARE IS WARRANTED, IF AT ALL, ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT pertaining to such software. Digital Places makes no warranties regarding any Digital Places Software except as specifically provided in any License Agreement pertaining to that Digital Places Software. Digital Places makes no warranties regarding Third-Party Software whatsoever. DIGITAL PLACES HEREBY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO DIGITAL PLACES SOFTWARE AND THIRD-PARTY SOFTWARE, INCLUDING ALL WARRANTIES MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Certain documents made available to you on the Platform may be subject to license terms separate from those contained here. To the extent there is a conflict of terms between these Terms and any document-specific license terms, the document-specific license terms control.
Permission to use Documents available on the Platform is granted, provided that (1) the below copyright notice appears in all copies and that both the copyright notice and this permission notice appear, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied, reproduced or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
Accredited educational institutions, such as K-12, universities, private/public colleges, and state community colleges, may download and reproduce the Documents for distribution in the classroom. Distribution outside the classroom requires express written permission. Use for any other purpose is expressly prohibited.
The Platform may include third-party advertisements, which may be targeted to the Content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising by third-parties on the Platform are subject to change. In consideration for Digital Places granting you access to and use of the Platform, you agree that Digital Places and its third-party providers and partners may place such advertising on the Platform or in connection with the display of Content or information from the Platform whether submitted by you or others.
Digital Places respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, which may be reviewed in its entirety at the U.S. Copyright Office website, here. Digital Places will respond to claims of copyright infringement occurring on the Platform website (“Site”) if such claims are reported to Digital Places’s Designated Copyright Agent identified below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of Notice as described below, Digital Places will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
1. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
5. Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Digital Places’s Designated Copyright Agent by mail or email to:
Mark A. Nieds
Henderson, Franklin, Starnes & Holt, PA
1715 Monroe Street
Fort Myers, FL 33901
The Platform may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or Platforms on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Digital Places of such websites or resources or the content, products, or Platforms available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Platform or any Content is at your own risk. You understand and agree that the Platform and any accessible Content is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, DIGITAL PLACES AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Digital Places makes no warranty and disclaims all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Platform or any Content thereon. You acknowledge that Digital Places will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform or any Content. You agree that Digital Places has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Platform. Digital Places makes no warranty that the Platform will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Digital Places or through the Platform, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGITAL PLACES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DIGITAL PLACES HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER DIGITAL PLACES, ITS LICENSORS OR AGENTS ARE LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE SITE OR CONTENT
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.If anyone brings a claim against Digital Places related to your actions or your Content on the Platform, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claims.
a. These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Platform will be brought solely in Lee County, Florida, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
b. These Terms are the entire and exclusive agreement between Digital Places and you regarding the Platform (excluding any Platforms for which you have a separate agreement with Digital Places that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between Digital Places and you regarding the Platform.
c. The failure of Digital Places to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
d. Digital Places may revise these Terms at any time and without notice to you. The most current version of these Terms will always be on this page (or such other page as the Platform may indicate). Notwithstanding the foregoing, if a revision to the Terms is considered sufficiently material under applicable law to require notification to you, we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.