DigiArea Terms and Conditions of Use

Thank you for visiting our web site. Please read the terms and conditions of use (the 'Terms of Use') set forth below carefully as they contain the legal terms that govern your use of any web site web page, services and products operated or provided by DigiArea, Inc. ('DigiArea', 'we' or 'us') (collectively referred to as, the 'Services'). By accessing, viewing, downloading or otherwise using the Services you agree to be bound by the Terms of Use and any other policies or agreements made part of the Terms of Use by reference, including without limitation the Privacy Policy, as well as any new, different or additional terms, conditions or policies which DigiArea may establish from time to time.

In accordance with the Terms of Use, certain Services may require that you register as a member of the Services (a 'Registered Member') and to provide information about yourself (such as identification or contact details) as part of the registration process for a Service, or as part of your continued use of the Services. You agree that any registration information you give to DigiArea will always be accurate, correct and up to date.

If you are a Registered Member, you are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you suspect that someone else knows your password, you must change it immediately and you must notify DigiArea of any unauthorized use of your password or account or any other breach of security by contacting DigiArea either by e-mail () as soon as possible and follow any instructions given to you. DigiArea cannot and will not be liable, directly or indirectly, for any loss or damage arising from your failure to comply with this section.

The Services are intended for a general audience, and children under the age of thirteen are not permitted to register as a Registered Member. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms of Use and to abide by all of the terms and conditions set forth herein. Your DigiArea account may be deleted and your membership may be terminated without warning, if we believe that you are under thirteen years of age.

You agree that DigiArea shall not be liable to you nor any third party for any termination of your account or access to the Services.

DigiArea's policies and procedures with respect to its collection and use of your personal information are governed by our privacy policy (the 'Privacy Policy'), which is incorporated into the Terms of Use by reference. To view the Privacy Policy, please visit this page. The Privacy Policy provides your rights and our responsibilities with regard to your personal information. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. We will not use your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.

All products and services referred to through the Services are subject to the terms of the applicable Separate Agreement (as defined below) governing their use. The Services do not constitute an offer or solicitation to anyone in any jurisdiction in which such an offer or solicitation is not authorized or to any person to whom it is unlawful to make such a solicitation. DigiArea software is provided subject to a License Agreement (as defined below) and you agree that you will be bound by such License Agreement.

DigiArea may certain of the Services under the terms of a separate agreement between you and DigiArea (a 'Separate Agreement'). DigiArea's obligations with respect to any product, service, or access that it makes available to you under any Seperate Agreement shall be governed solely by the Seperate Agreement under which such product or service is provided and these Terms of Use shall not be deemed or construed to alter the terms of such Separate Agreements, unless otherwise provided for in an Seperate Agreement.

For example, the use of any software that is made available to download from any of the Services ("Software") is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install any Software that is accompanied by or includes a License Agreement unless you first have agreed to the License Agreement terms. FURTHER REPRODUCTION OR REDISTRIBUTION OF ANY SOFTWARE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING OR INCLUDED WITH SUCH SOFTWARE.

We endeavor to provide current and accurate information on or through our Service. Nevertheless, errors and misprints may occur. Accordingly, we reserve the right to reject, correct, cancel or terminate any order for Services for which the price was incorrectly displayed or where we otherwise displayed erroneous or inaccurate information. DigiArea reserves this right at any stage of the online ordering processing, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. DigiArea is not obligated to sell products or services based on errors or misprints on any DigiArea web site.

Information on the Services, including but not limited to text, graphics, images, downloadable content, and links to other Internet resources, (the "Services Information") is protected under the copyright laws of United States and other countries. Certain items of the Services Information may be the copyright of others. Unless otherwise specified, no one has permission to copy, redistribute or republish, in any form, any of the Services Information.

DigiArea respects the intellectual property of others and we ask our users to do the same.

If you wish to notify DigiArea of an alleged copyright infringement, or if you are the valid copyright owner to a logo or graphic image in use by DigiArea (whether submitted by you or a third party) in connection with the Services, you may contact DigiArea as set forth above and request that we remove such materials. All such requests must include: (i) contact information for you, including name address, telephone number and/or email address; (ii) a description of the copyrighted work that you wish to have removed from the Services (the "Materials"); (iii) a description of where the Material is located on the Services - for logos, such description should include an image file name and/or URL link associated with the logo; (iv) a statement by you, made under penalty of perjury, that you are the copyright owner of the Material or have been expressly authorized to make the request on behalf of the copyright owner; and (v) an electronic or physical signature of the copyright owner of the Material or a person authorized to act on behalf of the copyright owner. Failure to include all of the information above may result in the inability to process your request and/or fully remove the Materials from the Services.

Unless otherwise indicated, all marks displayed on the Services are subject to DigiArea's trademark rights. All rights in the product names, company names, trade names, logos and designs of DigiArea or a third-party, whether or not appearing with the trademark symbol, belong exclusively to DigiArea or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws, as applicable.

You agree to indemnify and hold DigiArea, its employees, agents, officers and directors (the "Indemnified Parties") harmless from and against any and all liability, losses, costs, and expenses (including legal fees) incurred by any Indemnified Party in connection with any claim (whether by DigiArea and/or a third party), including without limitation, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement, that arises out of:

• 1. your use of the Services;
• 2. your connection or access to the Services;
• 3. your violation of the Terms of Use; or
• 4. your violation of the rights of any other person or entity.

We reserve the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.

We disclaim any responsibility for the deletion, the failure to store, the misdelivery, or the untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using the Services.

USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED "AS IS". DigiArea AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (the 'DigiArea Parties') EXPRESSLY DISCLAIM ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE DigiArea PARTIES DO NOT WARRANT THE ACCURACY, ADEQUACY, TIMELINESS, OR COMPLETENESS OF SERVICES OR ANY PART THEREOF, AND DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DigiArea PARTIES MAKE NO WARRANTY THAT (1) ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; (2) ANY OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND ANY RESULTS OF USE OF THE FUNCTIONALITY OF THE SERVICES WILL BE ACCURATE, RELIABLE OR COMPLETE; AND (4) THE QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIAL THAT MAY BE OFFERED AND SUBSEQUENTLY PURCHASED OR OBTAINED BY YOU THROUGH DigiArea WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR 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 YOU FROM DigiArea OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THUS THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE DigiArea PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, LOSS OF USER CONTENT, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE DigiArea PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE ANY OF THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH THE SERVICES; OR (5) ANY SERVICES INFORMATION OR OTHER MATTER RELATING TO THE SERVICES OR DigiArea.

DigiArea periodically schedules system downtime for maintenance and other purposes. Unplanned system outages in connection with the Services may also occur. You agree that DigiArea shall have no liability whatsoever for (i) the resulting unavailability of the Services, (ii) any loss of data or transactions caused by planned or unplanned system outages, (iii) any resultant delay, misdelivery, nondelivery of information caused by system outages, or (iv) any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Services

Please note that certain links made available through the Services may take you to other web sites. Links to other web sites or other resources which are not created or controlled by DigiArea ("Linked Sites") are intended for convenience only. Linked Sites are wholly independent from DigiArea, therefore DigiArea has no control over any products, services, materials, or other information contained in or available through these third party web sites. Therefore, access to any third party web sites through the Services, regardless of whether the third party web site is a Linked Site or not, is entirely at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive devices, programs. DigiArea makes no representation or warranty regarding, nor endorses, any Linked Sites or the information appearing thereon or any of the products or services described thereon.

E-mail sent over the Internet is not secure and not confidential and may be intercepted or lost or possibly altered. If you send DigiArea confidential information by e-mail, DigiArea will not be liable if it is lost or intercepted, altered or misused by someone else. If you send DigiArea e-mail, you agree that DigiArea may (at its sole discretion) respond to you by e-mail, and provide by e-mail any confidential information that you have requested; you also agree that DigiArea will not be liable if the information provided is lost or intercepted, altered or misused by a third party. Subject to our commitment to handle personal information pursuant to our Privacy Policy here, any communication or material you post or transmit to DigiArea over the Internet is, and will be treated as, non-confidential and non-proprietary. Furthermore, do not post or transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or violate any law.

You may not assign any rights or obligations under the Agreement and any purported assignment shall be ineffective. DigiArea assign or delegate all rights and obligations under the DigiArea without notice to you.

The Terms of Use and any sales thereunder shall be deemed to have been made in the Nevada and shall be governed by and construed and interpreted in accordance with the laws of the Nevada and the laws of United States applicable therein. You hereby agree to the non-exclusive jurisdiction of the courts of the Nevada, United States, without regard to the conflicts of laws principles. Notwithstanding anything in these Terms of User, to the extent that consumer protection legislation requires certain provisions to apply to you, such provisions will apply to these Terms of Use.

The failure of DigiArea to exercise or enforce any right or provision of the Terms of Use shall not operate as a waiver of such right or provision. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect. If any provision of the Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from the Terms of Use and does not affect the validity and enforceability of any remaining provisions.