DIGOLD TERMS AND CONDITIONS
These Terms & Conditions apply to the www.digold.com website, including, but not limited to any and all mobile applications, social media, and related sites (collectively the “DIGOLD Website”, this “website”, or this “site”). As used in this Privacy Policy, “us”, or “we” refers to DIGOLD, a Estonia company, the owner and operator of the www.digold.com site.
YOUR USE OF THE DIGOLD WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING ANY DIGOLD WEBSITE, ANY DIGOLD MOBILE APPLICATION OR ANY DIGOLD SOCIAL MEDIA APPLICATION, YOU AGREE TO THESE TERMS &CONDITIONS IN THEIR ENTIRETY. Any person or entity who interacts with the DIGOLD Website through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is deemed to be using the DIGOLD Website and bound by these Terms and Conditions. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using all or any part of the DIGOLD Website. Certain areas within the DIGOLD Website, including mobile applications and social media applications, may be governed by additional terms (“Additional Terms”). By using those areas of the DIGOLD Website, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
Privacy Policy
DIGOLD is committed to keeping any and all personal information collected of those individuals that visit our website, and make use of our online facilities and services accurate, confidential, secure and private. Our privacy policy has been designed and created to ensure those affiliated with DIGOLD of our commitment and realization of our obligation not only to meet but to exceed most existing privacy standards.
THEREFORE, this Privacy Policy Agreement shall apply to DIGOLD, and thus it shall govern any and all data collection and usage thereof. Through the use of www.digold.com, you are herein consenting to the following data procedures expressed within this agreement.
Collection of Information
www.digold.com collects various types of information, such as:
Voluntarily provided information which may include your name, address, email address, billing and/or credit card information etc., which may be used when you purchase products and/or services and to deliver the services you have requested.
Information automatically collected when visiting our website, which may include cookies, third party tracking technologies and server logs.
Please rest assured that this site shall only collect personal information, that you knowingly and willingly provide by way of surveys, completed membership forms, and emails. It is the intent of this site to use personal information only for the purpose for which it was requested and any additional uses specifically provided on this site.
DIGOLD may have the occasion to collect anonymous demographic information, such as age, gender, household income, political affiliation, race and religion at a later time. We may also gather information about the type of browser you are using, IP address or type of operating system to assist us in providing and maintaining superior quality service.
It is highly recommended and suggested that you review the privacy policies and statements of any website you choose to use or frequent as a means to better understand the way in which other websites garner, make use of and share information collected.
Use of Information Collected
DIGOLD may collect and may make use of personal information to assist in the operation of our website and to ensure delivery of the services you need and request. At times, we may find it necessary to use personally identifiable information as a means to keep you informed of other possible products and/or services that may be available to you from www.digold.com.
DIGOLD may also be in contact with you with regards to completing surveys and/or research questionnaires related to your opinion of current or potential future services that maybe offered.
DIGOLD does not now, nor will it in the future, sell, rent or lease any of our customer lists and/or names to any third parties. DIGOLD may find it beneficial to share specific data with our trusted partners in an effort to conduct statistical analysis, provide you with email and/or postal mail, deliver support and/or arrange for deliveries to be made. Those third parties shall be strictly prohibited from making use of your personal information, other than to deliver those services which you requested, and as such they are thus required, in accordance with this agreement, to maintain the strictest of confidentiality with regards to all your information.
DIGOLD may deem it necessary to follow websites and/or pages that our users may frequent in an effort to gleam what types of services and/or products may be the most popular to customers or the general public.
DIGOLD may disclose your personal information, without prior notice to you, only if required to do so in accordance with applicable laws and/or in a good faith belief that such action is deemed necessary or is required in an effort to:
Remain in conformance with any decrees, laws and/or statutes or in an effort to comply with any process which may be served upon DIGOLD and/or our website;
Maintain, safeguard and/or preserve all the rights and/or property of DIGOLD; and
Perform under demanding conditions in an effort to safeguard the personal safety of users of www.digold.com and/or the general public.
Children Under Age of 13
DIGOLD does not knowingly collect personal identifiable information from children under the age of thirteen (13) without verifiable parental consent. If it is determined that such information has been inadvertently collected on anyone under the age of thirteen (13), we shall immediately take the necessary steps to ensure that such information is deleted from our system’s database. Anyone under the age of thirteen (13) must seek and obtain parent or guardian permission to use this website. Unsubscribe or Opt-Out All users and/or visitors to our website have the option to discontinue receiving communication from us and/or reserve the right to discontinue receiving communications by way of email or newsletters. To discontinue or unsubscribe to our website please send an email that you wish to unsubscribe to info@DIGOLD.io. If you wish to unsubscribe or opt-out from any third party websites, you must go to that specific website to unsubscribe and/or opt out.
Links to Other Web Sites
Our websites do contain links to affiliate and other websites. DIGOLD does not claim nor accept responsibility for any privacy policies, practices and/or procedures of other such websites. Therefore, we encourage all users and visitors to be aware when they leave our websites and to read the privacy statements of each and every website that collects personally identifiable information. The aforementioned Privacy Policy Agreement applies only and solely to the information collected by our website.
Security
DIGOLD shall endeavor and shall take every precaution to maintain adequate physical, procedural and technical security with respect to our offices and information storage facilities so as to prevent any loss, misuse, unauthorized access, disclosure or modification of the user’s personal information under our control.
The company also uses Secure Socket Layer (SSL) for authentication and private communications in an effort to build users’ trust and confidence in the internet and website use by providing simple and secure access and communication of credit card and personal information.
Changes to Privacy Policy Agreement
DIGOLD reserves the right to update and/or change the terms of our privacy policy, and as such we will post those change to our website homepages at www.digold.com, so that our users and/or visitors are always aware of the type of information we collect, how it will be used, and under what circumstances, if any, we may disclose such information. If at any point in time DIGOLD decides to make use of any personally identifiable information on file, in a manner vastly different from that which was stated when this information was initially collected, the user or users shall be promptly notified by email. Users at that time shall have the option as to whether or not to permit the use of their information in this separate manner.
PROPRIETARY RIGHTS
All right, title and interest in the DIGOLD Website, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to DIGOLD or its licensors. Nothing in these Terms and Conditions or otherwise will be deemed to grant to you an ownership interest in the DIGOLD Website, in whole or in part.
CONTENT
All content included on the DIGOLD Website, such as marketing materials, guides, sales flyers, text, graphics, logos, images, button icons, audio clips, video, photographs, data, music, software, and other material (collectively “Content”) is owned or licensed property of DIGOLD or its licensors and is protected by international copyright, trademark, patent, trade secret or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as individual works and as a collective work under international treaty provisions, and DIGOLD owns a copyright in the selection, coordination, arrangement and enhancement thereof.
LICENSE AND ACCESS
We grants you a limited license to access and make personal use of the DIGOLD Website and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the DIGOLD Website or any of the content for any commercial purpose, whether on behalf of you, yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions.
TRADEMARKS
DIGOLD and other related marks, design marks, product names, feature names and related logos used in the DIGOLD Website are trademarks of DIGOLD and may not be used, copied or imitated, in whole or in part, without the express prior written permission of DIGOLD. In addition, the look and feel of the DIGOLD Website constitutes the service mark, trademark and/or trade dress of DIGOLD and may not be copied imitated or used, in whole or in part, without the express prior written permission of DIGOLD. DIGOLD ‘s trademarks and trade dress may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages DIGOLD or suggests a sponsorship, affiliation or endorsement by us.
All other trademarks, service marks, logos, slogans, domain names and trade names are the properties of their respective owners.
UNLAWFUL OR PROHIBITED USES
The DIGOLD Website may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this DIGOLD Website, you warrant to us that you will not use the DIGOLD Website for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of you, yourself or on behalf of any third party, unless you have the express prior written consent of DIGOLD, YOU MAY NOT:
(a) Make any commercial use of the DIGOLD Website or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
(b) download, copy, or transmit any Content for the benefit of any other merchant;
(c) use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the DIGOLD Website;
(d) frame, mirror, or use framing techniques on any part of the DIGOLD Website;
(e) make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing DIGOLD Website content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
(f) use any meta tags or any other hidden text utilizing DIGOLD’s name or trademarks;
(g) misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the DIGOLD Website, or express or imply that we endorse any statement you make;
(h) use a buying agent to conduct transactions on the DIGOLD Website;
(i) conduct fraudulent activities on the DIGOLD Website;
(j) violate or attempt to violate the security of the DIGOLD Website, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the functionality of the DIGOLD Website; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the DIGOLD Website, overloading, “flooding,” “spamming,” “mailbombing”, or “crashing”; (v) forging any header or any part of the header information in any e-mail or posting; or (vi) forging communications on behalf of the DIGOLD Website (impersonating the DIGOLD Website) or to the DIGOLD Website (impersonating another user);
(k) send unsolicited or unauthorized email on behalf of us, including promotions and/or advertising of products or services;
(l) tamper with the DIGOLD Website or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the DIGOLD Website or any activity being conducted on the DIGOLD Website;
(m) use the DIGOLD Website to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
(n) harvest or collect personally identifiable information about other users of the DIGOLD Website;
(o) restrict or inhibit any other person from using the DIGOLD Website (including, without limitation, by hacking or defacing any portion of the DIGOLD Website);
(p) use the DIGOLD Website to advertise or offer to sell or buy (other than from us) any goods or services;
(q) reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the DIGOLD Website;
(r) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the DIGOLD Website; or
(s) remove any copyright, trademark, or other proprietary rights notice from the DIGOLD Website or materials originating from the DIGOLD Website.
AML Procedures Prohibited Uses
It is prohibited to abuse this Site for purposes of money laundering. DIGOLD employs best practice anti-money laundering. DIGOLD reserves the right to refuse and to terminate any business relationship, and to cancel any operation of customers who do not comply with the requirements of anti-money laundering:
Online traders should provide all information required for registration. The earnings will be paid to the person who first registered for an account online. When a customer maintains an account through wire transfers, the gains will be distributed to the sole owner of the originating bank account. When you make deposits in this way, it is the responsibility of the live trader to ensure that the trader’s account number and the registered name of the account owner accompany every transfer to DIGOLD. When a fund is made using a credit card or debit card, the winnings will be distributed solely to the person whose name appears on the card used to make the deposit and will not be reimbursed on the same card. Only one account is allowed per person. No gains can be levied on accounts opened under false names or multiple accounts opened by the same person. DIGOLD may, from time to time at its sole discretion, require from a customer to provide additional proof of identity such as notarized copy of passport or other means of identity verification as deemed necessary circumstances and may, at its sole discretion, suspend an account until the required proof is provided.
YOUR ACCOUNT
You may be required to register with DIGOLD in order to access certain services or areas of the DIGOLD Website. If you are required to register with DIGOLD, we may not be able, or we may refuse, to provide you the user name you request. Your user name and password are for your personal use only. If you use the DIGOLD Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to DIGOLD including those set forth in these Terms & Conditions, we reserve the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
PUSH NOTIFICATIONS
If the DIGOLD Website includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile device. These notifications, including badge, alert or pop-up messages, are delivered to your device even when it is running in the background. You have the ability, and it is your responsibility, to control the notifications you do, or do not, receive through your device.
MODIFICATION AND TERMINATION
DIGOLD may at any time: (i) modify or discontinue any part of the DIGOLD Website; or (ii) offer opportunities to some or all DIGOLD Website users. We reserve the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the DIGOLD Website. Each time you use the DIGOLD Website, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the bottom of these Terms & Conditions. Your continued use of the DIGOLD Website will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the DIGOLD Website will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
We reserve the right, without notice and in its sole discretion, to terminate your account or your use of the DIGOLD Website and to block or prevent future access to and use of the DIGOLD Website (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the DIGOLD Website will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the DIGOLD Website. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
Trading Cancellation
DIGOLD reserves the right in its sole discretion, to refuse or cancel services, and/or refuse to distribute profits to any person for legitimate reasons, including, without limitation:
1. if DIGOLD has reason to believe that a person’s activities on the Site may be illegal;
2. if DIGOLD may be harmed by any fiscal or pecuniary damage due to anyone’s activities;
3. if DIGOLD consider that one or more operations on the Site were made in violation of this Agreement.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
If the DIGOLD Website allows you to submit reviews, comments, and other communications, photos, videos, or any other content (“User Content”) through or to the DIGOLD Website, We welcome such User Content as long as the User Content submitted by you complies with these Terms & Conditions.
You agree that any User Content that you submit: (i) will be accurate; (ii) will not violate or facilitate the violation of any law or regulation; (iii) will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; (iv) will not cause injury to any person or entity; and (v) will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and DIGOLD assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party.
For any User Content you submit, you grant to DIGOLD a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to DIGOLD the right, without any obligation, to include the name provided along with the User Content submitted by you. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the DIGOLD Website. Please note that visitors to the DIGOLD Website may post content that is inaccurate, misleading, or deceptive. DIGOLD neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. We will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the parties who submitted such opinions and may not reflect the opinions of us.
LINKS TO THIRD PARTIES
The DIGOLD Website may contain links and interactive functionality interacting with third parties, including social media applications and product manufacturers’ applications. We are not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such application. Before enabling any sharing functions of the DIGOLD Website to communicate with any such application or otherwise visiting any such application, we strongly recommend that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third party application. The links and interactive functionality for third party applications on the DIGOLD Website do not constitute an endorsement by DIGOLD of such third party application. Other applications may link to the DIGOLD Website with or without our authorization, and we may block any links to or from the applications, in our sole discretion. YOUR USE OF THIRD PARTY APPLICATIONS AND RESOURCES IS AT YOUR OWN RISK.
DATA PROTECTION
DIGOLD collects, uses and shares personal information in accordance with its Privacy Policy which is displayed and can be viewed on the DIGOLD Website.
DISCLAIMERS OF WARRANTIES
DIGOLD cannot and does not represent or warrant that the DIGOLD Website or its server will be error-free, uninterrupted, free from unauthorized access (including third party hackers or denial of service attacks), or otherwise meet your requirements.
THE DIGOLD WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DIGOLD WEBSITE (COLLECTIVELY, THE “DIGOLD WEBSITE CONTENTS”) ARE PROVIDED BY DIGOLD ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. DIGOLD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGOLD WEBSITE, THE ACCURACY OR COMPLETENESS OF THE DIGOLD WEBSITE CONTENTS, OR THAT EMAILS SENT FROM DIGOLD ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DIGOLD WEBSITE IS AT YOUR SOLE RISK. DIGOLD WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE DIGOLD WEBSITE OR THE DIGOLD WEBSITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE AGREED BY DIGOLD IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, DIGOLD DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE DIGOLD WEBSITE AND THE DIGOLD WEBSITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
IF PRODUCTS ARE PROVIDED BY THIRD PARTIES THROUGH THE DIGOLD WEBSITE, THOSE THIRD PARTIES MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT REPRESENTATIONS OR WARRANTIES, BUT ANY SUCH REPRESENTATIONS OR WARRANTIES ARE PROVIDED SOLELY BY SUCH PROVIDER AND NOT BY US.
THIRD PARTY NAMES, MARKS, PRODUCTS, ADVERTISEMENTS, OR SERVICES OR POP-UP TEXTS OR LINKS TO THIRD PARTY APPLICATIONS MAY APPEAR ON THE DIGOLD WEBSITE. IN NO EVENT WILL DIGOLD BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON THE DIGOLD WEBSITE, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD PARTY APPLICATION, OR ANY LINK CONTAINED IN A LINKED APPLICATION. IF YOU DECIDE TO LINK TO ANY SUCH THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.
JURISDICTIONAL ISSUES
The DIGOLD Website is controlled and operated by us from the country of Estonia, and is not intended to subject DIGOLD to the laws or jurisdiction of any state, country or territory other than that of the country of Estonia. DIGOLD does not represent or warrant that the DIGOLD Website or any part thereof is appropriate or available for use in any particular jurisdiction other than the country of Estonia. In choosing to access the DIGOLD Website, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the DIGOLD Website’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
RELEASE
We provide information through the DIGOLD Website for your information and enjoyment. Your use of the DIGOLD Website is strictly voluntary. Because some of the information in the DIGOLD Website may relate to modifications to your diet, you agree to use your good judgment and reasonable care prior to making any changes to your lifestyle. By using the DIGOLD Website, you assume the risks associated with the activities in which you will be participating. Such risks may include, but are not limited to, the risk of physical injury or other harm. You, and you alone, are solely responsible for taking proper care to limit your risk.
You knowingly and voluntarily do hereby indemnify, release, acquit, waive, forever discharge, and covenant not to sue DIGOLD, its employees, agents, any related affiliate and/or subsidiary entities from and against any and all liabilities, costs and expenses (including without limitations, any reasonable fees and expenses of its attorneys and consultants) relating to or arising out of any claims, demands or causes of action of every kind and character (including, without limitation, personal injury and property damage claims) as a result of the information and materials offered by us through the DIGOLD Website.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL DIGOLD OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE DIGOLD WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF DIGOLD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND DIGOLD. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE DIGOLD WEBSITE, ANY CONTENT ON THE DIGOLD WEBSITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DIGOLD WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE DIGOLD WEBSITE, THAT YOUR USE OF THE DIGOLD WEBSITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the DIGOLD Website, you agree to defend, indemnify, and hold harmless DIGOLD and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the DIGOLD Website, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
NOTICES AND ELECTRONIC COMMUNICATIONS
In the case of notices DIGOLD sends to you, you consent to receive notices and other communications by DIGOLD posting notices on the DIGOLD Website, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that DIGOLD provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on the DIGOLD Website or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
RULES FOR PROMOTIONS
Any sweepstakes, contests, raffles, or other promotions (collectively, “Promotions”) made available through the DIGOLD Website may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms & Conditions, the Promotion rules will apply.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE DIGOLD WEBSITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE COUNTRY OF ESTONIA. YOU FURTHERMORE AGREE THAT THE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE A COURT LOCATED IN THE COUNTRY OF ESTONIA, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE DIGOLD WEBSITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
MISCELLANEOUS
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and DIGOLD with respect to the DIGOLD Website and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the DIGOLD Website. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
CONTACT US
If you have any questions about these Terms & Conditions, DIGOLD, the practices of this site, or your dealings with this site, please contact us at:
DIGOLD
Email: info@digold.com
Last Updated: 1 Aug, 2019