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Diggsweep Terms of service

Last updated: 2017-11-16

This page explains our Terms of Service, which contains important information about your legal rights. Our Privacy Policy explains what personal information we collect and how it’s used and shared.

By using or accessing Diggsweep Services, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use or access the Services.

1. User Accounts

You warrant that you are at least 18 years of age and possess the legal authority, right and freedom to enter into the Diggsweep Terms and to form a binding agreement.

You have the sole responsibility for your Account and any activity on it, so keep your credentials safe and secure.

1.1. Period of inactivity

For performance reasons, accounts that have been inactive for more than 30 days will be suspended and its uploaded content flagged for deletion. The personal Diggsweep address will also be released. To avoid this suspension, just log in again before the 30 days have expired.

2. Your Responsibilities

You have the sole responsibility for any content you publish on Diggsweep and warrant their use. Keep in mind that what you upload can be viewed publicly, so share responsibly.

2.1 Rights of use

You represent that you own all rights to any content uploaded by you to Diggsweep Services or otherwise have (and will continue to have) all rights and permissions to legally use, share, display, transfer and license your User Content via the Services.

If we use your User Content in the ways contemplated in this Agreement, you represent that such use will not infringe or violate the rights of any third party, including without limitation any copyrights, trademarks, privacy rights, publicity rights, contract rights or any other intellectual property or proprietary rights.

Content on the Services may be protected by others' intellectual property or other rights, so please don't copy, upload, download or share content unless you have the right to do so.

2.2 Legal compliance

You represent that your use of the Services is not contrary to existing legislations or regulations and you fully comply with all applicable laws and any other contractual terms which govern your use of the Diggsweep Services (and any related interaction or transaction), including those specific laws applicable to you or your End Users in any of your geographical locations.

2.3 Code of conduct

You agree to not act in a manner which might be perceived as damaging to Diggsweep’s reputation and goodwill or which may bring Diggsweep into disrepute or harm.

You agree to not falsely state or otherwise misrepresent your affiliation with any person or entity, or falsely express or imply that Diggsweep or any third party endorses you, your business, your Products, or any statement you make;

You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you – with or without further notice to you, and without any refund of amounts paid on account of any such Services.

You are responsible for your conduct and User Content. We may review your conduct and User Content for compliance with these Terms. With that said, we have no obligation to do so. We’re not responsible for User Content.

3. Content and ownership

3.1 Your content

Any content you upload to Diggsweep is still owned by you. You do, however, give us permission to use it in the ways necessary to provide our services. For example, when you upload a photo, you give us the right to save it, and also to display it on your site at your direction. These Terms don't give us any rights to User Content, except for the limited rights that enable us to provide, improve, promote and protect the Services as described herein.

3.2 Our Intellectual Property

Diggsweep’s Services are protected by copyright and trademark. These Terms don't grant you any right, title or interest in the Services, our trademarks, logos or other brand features or intellectual property. You agree not to change, translate or otherwise create derivative works of the Services.

3.3 Use of feedback

We welcome your feedback, ideas or suggestions, but you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated.

3.4 Loss of Data

If your User Account or any Diggsweep Services are cancelled (whether at your request or at Diggsweep’s discretion), it may cause or result in the loss of certain content, features, or capacity of your User Account, including any User Content other usage data retained therein. Diggsweep shall not be liable in any way for such Loss, or for saving a backup of your User Account or User Content.

4. Privacy

Our Privacy Policy explains how we handle your personal information. We encourage you to read it carefully, as it’s part of our agreement. By using the Services, you agree to our collection, use and sharing of information as set forth in the Privacy Policy.

5. Your online sale

You are solely responsible for the items you sell and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online sale activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your items.

5.1 Taxes and fees

If applicable, you shall be solely and fully responsible for all Taxes and fees of any nature associated with your sale activities.

5.2 Fulfillment And Delivery

You are solely responsible for fulfilling and delivering your items to your End Users.

5.3 Claims and Warranties

You are solely responsible for any claims or warranties you make in connection with Your sale.

5.4. Sale Restrictions

You may not offer or sell any products or services which, in our sole discretion: (a) may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; (b) are prohibited for sale, distribution or use; or (c) otherwise fail to comply with any applicable laws or regulations, including without limitation with respect to intellectual property, privacy or publicity rights, consumer protection, product safety or trade regulations, or export controls, regulations or sanctions.

5.5. Account Suspension

We may, at any time and in our sole discretion, and without any notice to you, suspend, disable access to or remove your Account and Site without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by law). For example, we may suspend Your Account if you’re violating this Agreement.

6. Operation of Services

To operate effectively and protect the security and integrity of Diggsweep and the Services we provide, we reserve the rights to at any time and in our sole discretion, and without liability or notice to you (except where prohibited by law): (a) we may change the Services and their functionality; (b) we may restrict access to or use of parts or all of the Services; (c) we may suspend or discontinue parts or all of the Services; (d) we may terminate, suspend or restrict your access to or use of parts or all of the Services; (e) we may terminate, suspend or restrict access to your Account or Your Sites; and (f) we may change our eligibility criteria to use the Services (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Services in that jurisdiction).

7. Termination

This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you may simply stop using the Services at any time. We reserve the right to suspend or terminate the Services at any time at our sole discretion and without notice. For example, we may suspend or terminate your use of the Services if you're violating these Terms.

8. Warranty disclaimers

We provide the Diggsweep Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties. To the fullest extent permitted by law, Diggsweep makes no warranties, either express or implied, about the Services. The Services are provided “as is.” Diggsweep also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Diggsweep shall create any warranty. Diggsweep makes no warranty or representation that the Services will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations; or (c) be free from viruses or other harmful components.

Under no circumstances may Diggsweep be considered as a “publisher” of any User Content, does not in any way endorse any User Content, and assumes no liability for any User Content uploaded, posted, published and/or made available by any User or any other party on and/or through the Diggsweep Services. Furthermore, Diggsweep shall not be liable for any mistakes, defamation, libel, falsehoods, obscenity, pornography, incitement and/or any other unlawful and/or infringing User Content you or any other party may encounter.

9. Limitation of Liability

To the fullest extent permitted by law in each applicable jurisdiction, Diggsweep, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the Diggsweep Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the Diggsweep Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the Diggsweep Services; (6) events beyond the reasonable control of Diggsweep, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of Diggsweep Services.

You acknowledge and agree that these limitations of liability are agreed allocations of risk constituting in part the consideration for Diggsweep’s services to you, and such limitations will apply even if Diggsweep has been advised of the possibility of such liabilities.

10. Indemnity

You agree to defend, indemnify and hold harmless Diggsweep, its officers, directors, shareholders, employees, affiliates and agents, from and against any and all claims, damages, losses and expenses of any kind (including without limitation reasonable attorneys' fees and costs) arising out of or related to: (a) your breach of this Agreement; (b) your User Content, Your Sites and Your sale; (c) any claims from your End Users; and (d) your violation of any law or regulation or the rights of any third party.

11. Dispute resolution

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Singapore without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Singapore. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in Singapore, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

12. Additional Terms

12.1 Waiver, Severability And Assignment.

Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

12.2 Modifications.

We may modify this Agreement from time to time, and will always post the most current version on our site. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Services). The notice will designate a reasonable period after which the new terms will take effect. Modifications will never apply retroactively. By continuing to use or access the Services after any modifications come into effect, you agree to be bound by the modified Agreement. If you disagree with our changes, then you should stop using the Services.

12.3 Translation

This Agreement was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control.