Terms of Service
This Terms of Service Agreement (“Agreement”) is between you and Digest, Inc. (“we” or “us”). It governs your use of Digest sites, apps, platforms, and content (“Services” or simply, “Digest”).
By using Digest, you agree to all of the terms in this Agreement and the following policies, which are incorporated as if set forth herein (i.e. as if they were included in full text within this document).
We may make changes to this Agreement at any time, and if we reasonably believe the change is material, we will notify you and provide you with an opportunity for review before the revised Agreement becomes effective. By continuing to use Digest, you are agreeing to the new terms. If you do not agree, you cannot use Digest, and you should delete your account before the effective date of the new Agreement.
If you don’t agree to these terms, you can’t use Digest.
1. You must be 16 years old or older to use Digest
Not 13. Not 14. Not 15 going on 16. 16.
2. You own your content
You retain all rights to the content you create and post to Digest—your profile information, posts, links, replies, etc. You can also delete your content or your account at any time (we may retain it for a reasonable period for backup & audit purposes).
3. You own the risk of your content
You are solely responsible for the content you post, and assume all risks related to it. By posting to Digest, you agree that you own or have obtained all necessary rights, permissions and/or licenses to your content, and that our use of it does not violate or infringe upon the rights of anyone else.
4. You are granting us a license
By posting content to Digest, you grant us a non-exclusive, worldwide, royalty-free license to use it within our Services, including the rights to use, store, display, publish, reproduce, distribute, and modify your content.
5. We are granting you a license
In turn, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use genuine Digest sites and apps to access and use our Services in accordance with this Agreement. You are prohibited from any other kind of access or use.
6. Secure your account; also, we can email you about important things
By creating a Digest account, you agree to submit an accurate email address where we can contact you. You can opt-out of any email or notification we send you, except for important account notices. You also agree to protect your login credentials, and to let us know if you learn of any unauthorized access to your account.
7. We can remove your content, or you
We reserve the right to remove your content or change how it is displayed, or to restrict or suspend your account, at any time, for any reason, including if you breach this Agreement or your content or use of Digest violates our Community Guidelines. If we terminate your access to Digest, you may not create, or attempt to create, a new Digest account or otherwise access or use the Services without our permission.
8. We can use your feedback
We welcome suggestions from our users on ways to improve Digest. By submitting such feedback to us, you agree that we are free to use it without restriction or compensation to you.
9. We own our Services and content
We retain all ownership and/or applicable rights to our Services and all content made available to you through the Services, other than your content. The “Digest” name and logo are trademarks and service marks of Digest, and may not be copied, reproduced, or otherwise used without the prior written authorization of Digest.
10. You consent to us transferring your data to the U.S.
If you’re using Digest outside the United States, you consent to us transferring, storing, and processing your information & content in and out of the United States.
11. We may discontinue parts or all of Digest anytime
We may change, suspend, or discontinue (temporarily or permanently) some or all of our Services, with respect to any or all users, at any time, with or without notice.
12. Let us know if your copyrights are being infringed upon, and respect the copyrights of others
We respect intellectual property rights and comply with the Digital Millennium Copyright Act. We strive to respond promptly to notices of copyright infringement and, where appropriate, we will remove alleged infringing content and suspend or terminate access to Digest by repeat offenders. If you believe that any content that appears on Digest infringes the copyright in a work that you own, you may submit a copyright infringement notification. We will forward valid notifications to affected users. If you receive a copyright infringement notification from us and believe that the content you posted is not infringing, or that you have appropriate authorization or rights to use it, you may submit a copyright infringement counter-notification. We will forward valid counter-notifications to the original complaining party. If you receive a forwarded counter-notification from us, you have 10 business days to notify us that you are seeking a court order to restrain the user from continuing to infringe upon your copyrights on Digest. If we don’t hear from you, we may replace the removed content 14 business days from our receipt of the counter-notification.
13. Digest does not come with any warranties, and our liability is limited
We provide our Services to you on an “as is” and “as available” basis, without warranty of any kind, express or implied. You acknowledge that when using Digest, you may be exposed to the content of other users, including links to third party products or services, that are offensive, inaccurate, or unlawful. We do not endorse such content, and assume no liability for it. You agree that your use of Digest is at your sole risk and discretion. To the maximum extent permitted under applicable law, we won’t be liable for any losses or damages that arise from your use of, or inability to use Digest, including if we are hacked or the Services are otherwise unavailable, even if we have been advised of or should have known of the possibility of such losses or damages. Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. Therefore, some of the preceding disclaimers, exclusions or limitations may not apply to you.
14. We are not responsible for issues that arise from how you use Digest
You agree to defend, indemnify, and hold harmless Digest, Inc., and its officers, directors, employees, and agents, from all claims, lawsuits, damages, costs, losses, and expenses, including reasonable attorneys’ fees, arising from or related to your use of Digest.
15. We will try to resolve your issues informally; if we can’t, we’ll use binding arbitration
We do our best to resolve customer issues quickly and effectively through customer support features in our Services. If we aren’t able to resolve the claim or dispute informally, we each agree to resolve it through binding arbitration or in small claims court (if the claim qualifies), on an individual basis, and waive the right to a trial by jury or to participate in a class action, or class or mass arbitration. Any arbitration will be governed by the Consumer Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (the “AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1 (800) 778–7879. This term will survive termination of this Agreement.
16. If we choose not to enforce a term in this Agreement, we still have the right to do so later
The waiver of a breach of any provision of this Agreement is not a waiver of any other or subsequent breach.
17. If an arbitrator or a court finds one of these terms invalid, the rest will still be valid
If any provision of this Agreement is found to be invalid or unenforceable for any reason, the remaining provisions will continue in full effect.
18. The laws of the State of Washington govern this agreement
This Agreement will be construed in accordance with and governed exclusively by the laws of the State of Washington, and King County, Washington State will be the place of jurisdiction for all disputes related to this Agreement. In short, if you sue us, you’ll have to do so in Washington State.
19. Even after you close your account, some terms of this agreement will still apply — e.g. you still own your content and we still own ours
Even after your rights under this Agreement are terminated, all terms of this Agreement which by their nature should survive, will survive, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability, and dispute resolution terms.
20. Users in the European Union
If you are a consumer in the European Economic Area, applicable law may not allow enforcement of certain terms of this Agreement. Therefore, some of the proceeding provisions may not apply or may not fully apply to you. You will not be deprived of (a) any protection you have under the law of the country where you live, or (b) access to the courts in that country. All provisions of this Agreement will be enforced to the maximum extent permitted by applicable law.
This Agreement, including all policies referred to and incorporated herein, sets forth the entire understanding and agreement between you and Digest, Inc. concerning the Services.