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TERMS OF USE
These Terms of Use (the “Terms”, “Terms of Use”) applies to your use of the website www.digitaledgedc.com and/or its subsites (the “Website” or “Site”) which are operated by Digital Edge (“us”, “we”, or “our”). By using the Website, you confirm that you have reviewed and accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms, please refrain from using our Site.
We reserve the right, in our sole discretion, to change or modify these Terms of Use at any time. It is your responsibility to check these Terms periodically for any such changes. Your continued use of the Website following the posting of any changes will mean that you accept and agree to such changes. So long as you continue to comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
1. Security
Our Site uses SSL (Secure Sockets Layer protocol) to protect your personal information. SSL is a security function for the purpose of protecting personal information and other important information exchanged over the Internet from interception by third parties.
2. Personal Information
Our Privacy Statement and Practices applies to your use of the Website, and these are made a part of these Terms by this reference. To view our Privacy Statement and Practices, please click here.
3. Cookies
In addition, our Cookie Policy applies to your use of the Website. To view our Cookie Policy, click here. To manage your Cookie Preferences, please click here.
4. Your Responsibilities
In accessing or using our Website, you shall not: (a) use any data obtained as part of a commercial product, service or content offering; (b) use any data obtained for solicitations, commercial or otherwise; (c) sell or otherwise distribute any data obtained; (d) incorporate any data into any e-mail or other “white pages” products or services, whether browser based, based on proprietary client-side applications, Web based, or other; or (e) use the data in a manner which could be reasonably expected to offend any person for whom the data is relevant.
You further agree not to (a) use any automated means, including spiders, robots, crawlers or the like to download data from the Site; (b) enter any data that is libellous, defamatory or unlawful, or that violates or infringes any trademark, copyright or similar rights of others; or (c) knowingly enter any data which is false or misleading.
We reserve the right to deny access to any user or group of users to the Site, at our sole discretion, at any time, and for any reason, without liability and without advance notice to you. Furthermore, we may independently investigate, involve and/or cooperate with law enforcement authorities in prosecuting or investigating users. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies we may have at law or in equity.
5. Linking to our Website
You may link to our home page, provided you do so in a way that is, in our sole discretion, appropriate and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. Our site must not be framed on any other website, nor may you create a link to any part of our Website other than the homepage unless you have written permission to do so from us. We reserve the right to withdraw linking permission upon written notice. The website from which you are linking must comply in all respects with the content standards set out in these Terms of Use.
There may be circumstances where you access to our Site through a hypertext link located at another website. We do not make any representations or give any warranties with respect to any information contained in or at these other sites and we will not be liable for any damages or injury arising from the content of these other sites. We do not endorse the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, which provide a link to this Site at their websites.
Links to our Website should be made only after confirming your compliance with our Terms of Use. Furthermore, we strictly prohibit the linking to our Site if the website to which it links:
- defames Digital Edge and its business and service or contains information that can undermine our credibility or violate our rights.
- violates the law, or is unethical, meaning that it contains information or is involved in actions that can be offensive to public morals and public order.
- uses frames or other methods that make it hard to clarify that the site is or is not owned and operated by Digital Edge.
- uses the Digital Edge corporate logo or its branding marks without proper permission or otherwise not in accordance with these Terms of Use.
6. Copyright and Trademarks
The trademarks, logos, and service marks, including but not limited to Digital Edge, and other names, logos, and icons identifying products and services (collectively, “Trademarks”) displayed on the Website, are registered and unregistered Trademarks of Digital Edge (Hong Kong) Ltd. and its affiliates, suppliers, or others third parties. Certain portions of the Website are identified as being the subject of a specific copyright held by an entity other than Digital Edge and, as such, may not be copied without the permission of the holder of the copyright.
Digital Edge hereby authorizes you to copy the materials published by Digital Edge on this Website (the “Materials”) exclusively for non-commercial use by you personally or within your organization provided you retain all copyright and other proprietary notices contained in the Materials and you do not modify the Materials. The design and layout of the Website are specifically excluded from the Materials. No other use of the Materials by you is authorized by us. In consideration of this authorization, you agree that any copy of the Materials (or any portion of the Materials) that you make shall retain all copyright and other proprietary notices contained herein or therein. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Materials. The services, technology, and/or processes described in this Website may be the subject of intellectual property rights reserved by Digital Edge or other third parties. Nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Digital Edge or any third party.
If you use our Digital Edge logo GIF image (“GIF Image”) for linking to your website, you are granted a non-exclusive, revokable and limited right to use the GIF Image subject strictly to the following:
- You acknowledge the rights of Digital Edge to the GIF Image and shall make no claims regarding those rights.
- You must not represent yourself or your company as being an authorized representative, agent, reseller, or other partner of Digital Edge (unless you have signed a binding, written agreement with Digital Edge specifically providing otherwise, and only then, subject to such other written agreement).
- The GIF Image shall be used exactly in the form provided by Digital Edge, without making any alterations thereto (you acknowledge and agree that we reserve the right to alter the Digital Edge logo and GIF Image at any time, and you shall use the most up to date GIF Image).
- You must use the following HTML code and refer to us as “Digital Edge DC” when using our corporate name to link to our website [INSERT HTML].
The use of the GIF Image will not entitle you to any privilege or consideration by or from Digital Edge. We reserve the right to discontinue allowing your use of the GIF Image at any time, for any or no reason whatsoever.
7. Disclaimers
THE INFORMATION CONTAINED ON THE WEBSITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE MAY BE CHANGED OR UPDATED FROM TIME TO TIME WITHOUT NOTICE.
WE DO NOT PROMISE THAT OUR SITE OR ANY OF ITS CONTENT, SERVICES OR FEATURES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF OUR SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE FURTHERMORE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST US FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
By using the Website, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Website may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
8. Limitation of Liability
We will not be liable to you for any loss or damage, arising out of or in connection with your access to, or use of the Website, its features, or any information made available through the Website, even if we were advised in advance of such damages or losses, to the extent permitted by applicable law.
IN NO EVENT SHALL WE BE LIABLE FOR ANY PUNITIVE, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION LOST REVENUE OR PROFITS, LOST OPPORTUNITY, TIME OR ANY OTHER LOSS RESULTING FROM RELIANCE ON THE INFORMATION CONTAINED ON THIS SITE INCLUDING DAMAGES ARISING FROM INACCURACIES, OMISSIONS OR ERRORS OR ARISING OUT OF THE USE OR INABILITY TO USE THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE AND HOWEVER ARISING, INCLUDING NEGLIGENCE.
IN NO EVENT WILL OUR LIABILITY BE IN EXCESS OF THE AMOUNT PAID FOR USE OF THE WEBSITE OR $100 UNITED STATES DOLLARS, WHICHEVER IS LESS.
9. Indemnity
You agree to indemnify and hold Digital Edge, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party due to or arising out of or in connection with your use of our Website.
10. Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
These Terms of Use constitute the entire agreement between you and us with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Digital Edge with respect to such use are hereby superseded and cancelled. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
11. Applicable Laws and Jurisdiction
These Terms shall be governed by and all disputes relating to or in connection therewith shall be resolved in accordance with the laws of the Republic of Singapore. You hereby irrevocably consent to the exclusive jurisdiction of the courts of Singapore in any and all disputes, controversies or differences arising out of and/or relating to your use of the Website or these Terms of Use.
12. Consent to Electronic Form of Contract
BY YOUR ACCESS AND USE OF THIS WEBSITE AND SERVICES BY OR THROUGH IT, YOU ACKNOWLEDGE AND CONSENT TO THE ELECTRONIC FORM OF THESE TERMS OF USE. You agree that these provisions, in printed or electronic form, shall be admissible in judicial proceedings, to the same extent and subject to the same conditions as other documents and records generated and maintained in written form. Your consent to electronic form extends to all written notices sent by us. You acknowledge that you have the necessary hardware and software to access these provisions as posted on the Website and will maintain such hardware and software throughout your use of the Site. You may remove your consent to the electronic form of contracting with us, but in that event, your authorization to use and access the Website will be immediately terminated.
13. Waiver
No delay or omission by us to exercise any right occurring upon any noncompliance on your part with respect to any of these Terms shall impair any such right or power or be construed to be a waiver thereof. Any waiver by us of any of the covenants, conditions, or agreements to be performed by you shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
14. Survival
The provisions herein dealing directly or indirectly with intellectual property, disclaimers of warranties, limitation of liability, compliance with laws and regulations, security, dispute resolution and use restrictions and prohibitions continue to apply and shall survive the termination or expiration of any relationship between you and us.