TERMS OF SERVICE
The Agreement is applicable to TRIAL, ACTIVE, or TERMINATED Customers, PROSPECTS assessing the potential purchase of DigitalStakeout Services including prospects who receive a demonstration of DigitalStakeout Services and visitors accessing DigitalStakeout public website(s).
When you, the purchaser (“Customer”) or user (“Customer”) of data provided by DigitalStakeout use DigitalStakeout products or services (collectively, the “Service”), then Customer agrees to the following Terms of Service (the “Agreement”). DigitalStakeout (“DigitalStakeout” or “We” or “Our”) may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. Customer is responsible to maintain awareness of the Terms of Service.
WITH ANY USE OF SERVICE, ACCESSING DIGITALSTAKEOUT SERVICES, CUSTOMER IS INDICATING CUSTOMER AGREEMENT TO THE TERMS OF THIS AGREEMENT AND ALL REVISIONS THEREOF.
ACCESS TO THE SERVICE
Customer is responsible for all activity under the Service account. Customer must safeguard the password and email address Customer uses to access the Service. Customer authorizes DigitalStakeout to assume that any user using the Service with Customer email address and password either is authorized to act for Customer. Customer agrees to immediately notify us of any unauthorized use of Customer account. DigitalStakeout may limit who may use your account at any time without notice.
- Customer may not disclose, show, or display ANY part of the Service to ANY third-party.
- Customer may not disclose, sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, re-post or otherwise use the Service in any way for any public or commercial purpose without prior written consent of DigitalStakeout.
- Customer may not tweet, re-tweet, post, update, share, socialize any screenshots of the application in any way for any public, satire, commercial purpose without prior written consent of DigitalStakeout.
- Customer agrees not disclose DigitalStakeout “sources” (third party data partners referenced in Service) or “methods” (support information, knowledge base, descriptive or prescriptive information provided by the Service) to ANY party while service is active and for a period of two (2) years after the Service has been terminated.
- Customer agrees not to not write, tweet, re-tweet, post, update, share, socialize any negative reviews about DigitalStakeout or the Service on any third-party social network, website, forum, blog, or review/opinion website.
- If Customer violates any of these terms, Customer permission to use the Service will automatically terminate.
- Customer AGREES that the NON-DISCLOSURE restrictions contained in this Agreement are reasonable in scope and are necessary to protect DigitalStakeout’s legitimate interest in protecting its business and other customers, and any breach or threatened breach of NON-DISCLOSURE may cause significant and irreparable harm to DigitalStakeout for which remedies at law may be inadequate and that in addition to, and not in lieu of, all other remedies DigitalStakeout may be entitled to, DigitalStakeout may be entitled to seek specific performance and injunctive or other equitable relief to prevent or restrain breaches or threatened breaches or, and to enforce the provisions of, this Agreement without the necessity of proving actual damages.
Customer agrees to provide accurate and current information when using the Service. Customer will not impersonate any person or entity; misrepresent Customer affiliation with a person or entity; or, misrepresent the origin of any content distributed through the Service. Customer will not, nor will Customer permit or assist others to, use the Service for any unlawful purpose or for any purpose other than that for which lawful use is intended. Customer warrants and represent that Customer has the legal right to possess, use or view any and all electronic data Customer transmits utilizing Service, and that such data does not infringe a third party’s intellectual property rights, civil rights, civil liberties, or rights of publicity or privacy.
At DigitalStakeout, we want all of our customers to get the best plans, known as ‘subscriptions’, at the lowest possible price. Fair Usage is designed to prevent fraud and abuse of our subscriptions by a small number of users.
Subject to Fair Usage, DigitalStakeout allows unlimited options in where stated at the time of purchase. All unlimited options must be used within reason and suggested use by DigitalStakeout.
DigitalStakeout subscriptions are for use in accordance with our Agreement. The following is a non-exhaustive list of practices that would be considered Illegitimate Use:
- Using subscriptions for a Service Bureau or Managed Service without the proper license;
- Re-selling subscription and user access;
- Mass sharing access between users whether via a single user account, or any other means;
- Unusual use patterns inconsistent with normal, individual subscription use.
Other practices may be relevant in determining Illegitimate Use and DigitalStakeout reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. DigitalStakeout may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to Fair Usage or Agreement. Where reasonable, DigitalStakeout will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, DigitalStakeout may offer you an alternative subscription.
DigitalStakeout is designed with safeguards and oversight. DigitalStakeout is proactive in protecting third party intellectual property rights, civil rights, civil liberties, and rights of privacy.
DigitalStakeout subscriptions are for use in accordance with our Agreement. The following is a non-exhaustive list of practices that would be considered a breach of Responsible Use:
- Bypassing automated controls that proactively protect against the creation of non-compliant searches, alerts, etc.
- Manipulate DigitalStakeout features to collect private & protected data.
- Acting as a data collection proxy for an unidentified city, state or federal government – foreign or domestic.
- Customer may not use DigitalStakeout to conduct criminal profiling, targeting, tracking or develop a pattern of life or dossiers (i.e. conduct surveillance) on any individual, group, location or event.
Other practices may be relevant in determining Responsible Use and DigitalStakeout reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. DigitalStakeout may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to Responsible Usage or Agreement. DigitalStakeout may at its option, provide you with notice of improper usage and an opportunity for you to remedy the issue before suspension or termination of your subscription.
Customer agrees not to disrupt the functioning of the Service or act in a way that interferes with other users using the Service. Nor will Customer post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. Customer agrees not to access, tamper with, or use non-public or non-authorized areas of this web site. Unauthorized individuals attempting to access these areas on the site will be subject to prosecution.
DISCRETION OVER CONTENT, USE, STORAGE, AND OPERATION OF SERVICE
We may edit, move, or delete any content in the Service (including content or communications that Customer have provided) for any reason, and may preserve and disclose content or user information 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 this Agreement, (c) respond to claims that any content violates the rights of third parties; (d) protect the rights, property, or personal safety of DigitalStakeout, its users, or the public, or (e) administer the Service.
We generally do not pre-screen, monitor, or edit content provided by third parties. We are not responsible for any failure to remove or delay in removing harmful, inaccurate, unlawful, or otherwise objectionable content originating with or otherwise provided by third parties.
All sales of all DigitalStakeout services are final. No refunds shall be given by DigitalStakeout, or any other party, for any amounts paid for services, including, without limitation, any service charges or fees. Customer hereby acknowledges that DigitalStakeout can not and does not make any guarantees or warranties, and the Customer therefore understands that he or she forgoes the right to dispute credit card charges or invoice(s) on the grounds that DigitalStakeout has failed to deliver satisfactory services. The Customer further understands that, because DigitalStakeout is an Internet-based business, DigitalStakeout never actually takes physical possession of the customer’s credit card; the Customer acknowledges that, for this reason, DigitalStakeout would normally have difficulty prevailing in credit card charge disputes with the Customer relative to a physically-based business. The Customer therefore forgoes his or her right to dispute the credit card charges or invoice(s) he or she incurs with DigitalStakeout.
Customer may terminate Service thirty (30) days advance of the anniversary date (“renewal-date”) of a subscription to by contacting customer service via email to [email protected], support portal, or by sending written notice to DigitalStakeout correspondence address at 234 Morrell Road, Suite 360, Knoxville, TN 37919-5876 USA.
DigitalStakeout reserves the right to suspend or terminate Customer account, in whole or in part, or prohibit Customer further use of the Service, at any time. Upon termination of Customer account for any reason, Customer will have no right to use the Service and We may delete any data pertaining to Customer account. Our proprietary rights, disclaimer of warranties, indemnities, limitations of liability and miscellaneous provisions shall survive any termination of Customer membership. If termination occurs as a result of Customer violating the Agreement, Customer agrees to allow DigitalStakeout to charge a minimum damage fee equal to 12 months of the monthly cost of the Customer’s subscription.
INTELLECTUAL PROPERTY AND COPYRIGHT
All materials associated to Service including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by DigitalStakeout or owned by other parties who have licensed their intellectual property to DigitalStakeout. DigitalStakeout, and all other derivations of the “DigitalStakeout” mark appearing on this web site are trademarks and/or service marks of DigitalStakeout Inc. and all other trademarks, service marks, and trade names used on the site are the property of their respective owners.
Service web sites may contain links to other web sites or resources. Customer acknowledges and agrees that DigitalStakeout is not responsible for the content available on any other Internet sites linked from this web site. DigitalStakeout is providing these links to other Internet sites as a convenience to users. Access to any other Internets sites linked to this web site is at Customer own risk. The inclusion of any link does not imply We recommend or endorse the linked site.
Customer agrees to defend, indemnify and hold harmless DigitalStakeout, its members, affiliates and/or partners, and its and their officers, directors, partners, shareholders agents, licensees and employees from and against all claims, actions, liabilities, losses, expenses, damages and costs, including but not limited to attorney’s fees, that may, at any time, arise out of or relate to your authorized, unauthorized, lawful or unlawful use of the Service, including but not limited to your breach of this Agreement, your inability to access the Service, and your reliance on any errors or omissions on the Service, violation of applicable laws (including, without limitation, data privacy security laws) and violation of any third party rights including but not limited to intellectual property rights, civil rights, civil liberties, or rights of publicity or privacy.
Use of the Service for a Service Bureau or Managed Service, Customer shall carry the following insurance coverage:
– Commercial General Liability: Combined limit of not less than $2,000,000 per occurrence; $3 million aggregate or
– Commercial General Liability: Combined limit of not less than $1,000,000 per occurrence; $2,000,000 aggregate and Umbrella Coverage in the amount of $3,000,000.
– Professional Liability (Errors & Omissions): An amount of $1,000,000 per claim and $1,000,000 aggregate limit.
LIMITATION OF LIABILITY
NEITHER DIGITALSTAKEOUT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THIRD PARTY APPLICATIONS AND SERVICE CONTENT) SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF DIGITALSTAKEOUT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM CUSTOMER ACCESS TO, OR USE OF, OR INABILITY TO USE THE SERVICE AND THE SERVICE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE KNOW OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL DIGITALSTAKEOUT’S LIABILITY TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF ANY USE OF THE SERVICE EXCEED THE AMOUNT PAID BY CUSTOMER TO DIGITALSTAKEOUT FOR THE SERVICE TO WHICH SUCH LIABILITY IS CLAIMED.
Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to Customer.
If Customer use of the Service results in the need for servicing or replacing property, material, equipment or data, We are not responsible for those costs.
DISCLAIMER OF WARRANTIES
Customer use of the Service is at Customer’s sole risk, and Customer agrees to assume all risks and responsibilities for the selection of the Service to achieve Customer desired results. The Service is provided on an “as is” and “as available” basis. DigitalStakeout disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. DigitalStakeout will make reasonable efforts to maintain the Service, however, DigitalStakeout is not responsible for any damage, loss of data, customer information, revenue, or other harm to business arising out of delays, misdelivery or nondelivery of information, restriction or loss of access, bugs or other errors, unauthorized use due to Customer sharing of access to the Service, or other interaction with the Service. DigitalStakeout makes no warranty that (1) the Service will meet Customer requirements, (2) the Service will be uninterrupted, timely, secure, or error-free, (3) the results that may be obtained from the use of the Service will be accurate or reliable, (4) the quality of any products, services, information, or other material purchased or obtained by Customer through the Service will meet Customer expectations, and (5) any errors in the Service will be corrected. Any material downloaded or otherwise obtained through the Service is done at Customer own discretion and risk and Customer are solely responsible for any damage to Customer computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by Customer from DigitalStakeout or through or from the Service shall create any warranty not expressly stated in this Agreement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to Customer.
Customer authorizes DigitalStakeout to send notices to Customer, at DigitalStakeout’s discretion, via electronic mail, postal mail, or by posting them on this web site. It is Customer responsibility to check for updates to this Agreement.
This Agreement, including the documents referenced by and incorporated into this document, constitutes the entire agreement between Customer and DigitalStakeout and governs Customer use of the Service, superseding all prior or contemporaneous agreements, understandings, or representations and, except as expressly provided therein, may not be modified or amended except in writing signed by both Parties. Customer also may be subject to additional terms that may apply when Customer use affiliate or other DigitalStakeout services, third-party content, or third-party software. Customer are responsible for compliance with applicable local laws, keeping in mind that access to DigitalStakeout may not be legal by certain persons or in certain countries. If any part of this Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect. This Agreement is personal to Customer and Customer may not transfer, assign or delegate this Agreement to anyone without the express written permission of DigitalStakeout. Any attempt by Customer to assign, transfer or delegate this Agreement without the express written permission of DigitalStakeout shall be null and void. This Agreement and any registration for or subsequent use of the Service will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any user and DigitalStakeout.
This Agreement will be governed by the laws of Georgia, U.S.A., without regard to its conflicts of law provisions. Any dispute related to this Agreement will be submitted to binding arbitration in Fulton County, Georgia, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either Party may seek preliminary injunctive or other equitable relief pending arbitration to prevent irreparable harm. Any dispute Customer may have with respect to the Service must be commenced within 3 months after it arises, or the cause of action is barred.
The section titles in this Agreement are for convenience only and have no substantive effect.