General
The following terms of service (“Terms”) govern your use of use of the https://ST Digital website [domain]; applications and online properties owned and operated by Sarkes Tarzian, Inc. (“ST”) and its affiliate ST Digital; and any widgets, tools, features, content (including videos and images), services and options that we may offer on any ST platform and in any format (collectively, the “Online Properties”) and any and all services provided by ST Digital through them (collectively, the “Service”). ST Digital is the property of Sarkes Tarzian, Inc. All references to ST Digital refer to both Sarkes Tarzian, Inc. and ST Digital. These Terms are a legally binding contract with Sarkes Tarzian, Inc. Please read these Terms carefully.
You agree that by clicking “Sign Up,” “Login” or similar links, registering, accessing, or using the Service, you are agreeing to enter into a legally binding contract with ST and you are acknowledging that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not click “Sign Up,” “Login” or similar links, do not register an account and do not access or use the Service.
Changes to the Terms
ST Digital has the right, at its sole discretion, to enhance, change or discontinue all or part of the Service any time. We may update or change these Terms from time to time. When we make a change to the Terms, we will publish the revised Terms on this page of the Website or as otherwise required by law. The date at the top of these Terms reflects the date of the most recent update. Your continued use of the Service or the Website after we make changes is deemed, to the extent allowed by law, to be acceptance of those changes, so please check these Terms periodically for updates.
Account Registration and Password
In general, you may access the Service for free in keeping with these Terms. However, to access and use certain features of the Services, you may have to register and create an account and password. You are responsible for maintaining security and control over your username and password that you create to use these features of the Service. We are not responsible for any losses arising out of the unauthorized use of your account or the Service. If you believe that the security of your username and/or password has been compromised, you agree to immediately change your username and/or password to eliminate this security risk and to notify ST Digital of any known or suspected unauthorized use of, or disclosure related to, your account. You may contact ST Digital at [CONTACT EMAIL].
Eligible Users
By using this Website, you represent and warrant that you meet all of the following eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
No Use of Site by Children Under 18.
The Website, and the Services offered through the Website, are not directed at or intended for use by anyone under 18 years old. If you are under the age of 18 you should not be visiting the Website. We do not knowingly collect or retain personal information from children under 18. If you are under the age of 18 and are visiting or otherwise using the Website, please exit the Website immediately and do not disclose or provide any personally identifiable information to us. Please see our Privacy Policy for additional information.
Users Outside the United States.
This Website is not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal information submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction.
Consent to Receive Communications
If you register to receive newsletters, alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the “unsubscribe” prompts contained at the bottom of the communications.
Functionality and Prohibited Uses of the Services
Functionality.
We may limit your ability to comment or undertake other activity via the Service in our discretion. Periodically, the Service may become unavailable due to required maintenance or other reasons. ST Digital assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or data that you submit on, to, or through the Service.
Prohibited Uses.
When accessing the Website/Service you agree:
- You will not manipulate the Service by any means, including but not limited to the use of bots, botnets, automated scripts or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm or other harmful or malicious component, which might overburden, impair or disrupt the Service or any user’s use, access or experience.
- You will not interfere with, tamper with or damage the Service in any way whatsoever, including but not limited to by trespass, burdening network capacity, or otherwise disseminating viruses, worms, spyware, adware or other harmful code.
- You will not circumvent, disable or otherwise interfere with access controls or security-related features of the Service or any features that prevent or restrict access, use or copying of any content or enforce limitations on access to or use of the Service.
- You will not use the Service for any purpose other than your private, individual use.
- You will not use another user’s account or otherwise impersonate any person or entity.
- You will not post or transmit any advertisement, promotion or solicitation of goods or services for commercial purposes (including without limitation the solicitation of users of the Website to become users of other online services competitive with ST Digital) without ST Digital’s prior written approval.
- You will not reverse engineer, reverse assemble or reverse compile the Service.
- You will not use the Service in any way that is inconsistent with these Terms and applicable law and regulations.
Content and Rights
Intellectual Property.
ST Digital is a trademark and service mark of Sarkes Tarzian, Inc., licensee of ST Digital. ST Digital reserves all of its intellectual property rights in the Service.
All content included in or made available through the Service, and the functionality of the Service, including the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features and the like, and the trade secrets, trademarks, trade names, service marks, and copyrights contained therein, are owned by ST Digital, it’s third-party vendors or its content suppliers, and are proprietary and protected by U.S. and other applicable intellectual property law. No express or implied rights are conferred on you to use such content. The compilation of all content through the Service is the exclusive intellectual property of ST Digital and protected by U.S. and other applicable copyright law. Except as explicitly permitted by these Terms or the functionality of the Service, the content of the Service may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any content of the Service without notice.
We Do Not Control Third-Party Content.
The Service may contain content, products, offerings, resources and services from third parties. We may provide website links, data or information related to third parties and their materials. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third-party material or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of service and privacy policies of these third-party websites.
Content You Submit and Certain Obligations.
Subject to these Terms, you may submit data through the Service as may be permitted from time to time by the Service. This functionality may include the ability to submit comments to and reviews of articles or other services. By submitting such data, you agree that ST Digital may store it on third-party providers’ servers for use on or by the Service and third parties working on our behalf. We assume no responsibility or liability for the deletion, corruption or loss of content you submit or failure to receive or store the content for any reason, including, without limitation, malfunctioning of any network, hardware or software.
You agree to only submit content that does not violate the law or anyone else’s rights. You agree that your account registration information and any data you submit via the Service is truthful and accurate.
Our Privacy Policy [LINK] provides additional information about how we handle your data.
Your Grant of Rights to Us.
By submitting content through the Service, you grant ST Digital a worldwide, non-exclusive, royalty-free, sublicensable, transferable and perpetual license to access, use, copy, distribute, publish and process your content in connection with the Service and to share your content with third parties as permitted in our Privacy Policy.
Reporting Copyright Infringement. If you are a copyright owner or an agent thereof and believe any content or other information appearing on the Service infringes upon your copyrights, you may submit a notification of claimed infringement under the Digital Millennium Copyright Act (“DMCA”) containing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of a copyright interest that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and made under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
ST Digital has named N. Ory as the designated agent to receive notifications of claimed infringements. Please address notifications to the following address: ST Digital Copyright Agent, c/o ST Digital [MAIN ADDRESS?] You may also reach the designated agent by telephone at [MAIN PHONE?].
If you consider any material appearing on the Website or Service to be objectionable and would like to report it, please send an e-mail to: Pam Teague at pteague@sarkestarzian.com.
Restricted Rights Legend. Use, duplication or disclosure by the Government is subject to the restriction as set forth in the Technical Data and Computer Software Clause in DFARS 227.7202 and FAR 12.212, as applicable. Supplier is ST Digital- [ADDRESS]
Contests, Sweepstakes, and Promotions
You acknowledge that if and when ST Digital sponsors promotions (“Special Program”), or third parties sponsor a Special Program in conjunction with ST Digital or its partner, ST Digital will post terms and conditions in the official rules and/or registration area for the Special Program that apply to the particular Special Program. Those terms and conditions, to the extent they conflict with these Terms or the Privacy Policy, will govern that particular Special Program.
No Warranties
Service is provided “as is” and “as available” without any express or implied warranties to the fullest extent permitted by law. ST has no direct control over third-party vendors, networks, software or final positioning results. ST does not guarantee particular rankings within any search engine listings, or impressions, social reach, click rates, or engagement rates. ST Digital coordinates Service and vendors to achieve optimal placement, but search engines may do all or some of the following: drop URL’s, not index pages, not accept new sites, or ignore requests for updates; change criteria for results and positioning, index information and other sites ahead of client’s own site.
Termination
If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable or prohibit your access to the Service. If your access has been terminated, we may, but we are not obligated to, irretrievably delete any and all content we have stored pertaining to activity from your account.
Disclaimers of Warranties and Limitations of Liability
THE WEBSITE, THE SERVICE, AND ALL OF THE SERVICES OFFERED THEREIN ARE PROVIDED “AS IS” WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT). IN NO EVENT WILL ST DIGITAL, ITS AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SERVICE PROVIDERS, OR ANY OF THEIR OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, THE SERVICE, ANY WEBSITES LINKED TO THIS WEBSITE OR THE SERVICE, ANY CONTENT ON THIS OR OTHER WEBSITES OR THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS OR OTHER WEBSITES OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. YOU SPECIFICALLY ACKNOWLEDGE THAT ST DIGITAL IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE WEBSITE AND/OR THE SERVICE MAY NOT BE UNINTERRUPTED, ERROR-FREE, OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS WEBSITE AND THE SERVICE.
THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Although ST Digital attempts to ensure the integrity of the materials which appear on the Website and through the Service, a possibility exists that the Service could include inaccuracies or errors, or unauthorized additions, deletions, alterations and submissions made by third parties. ST Digital makes no guarantees whatsoever as to its completeness, correctness, or accuracy. In the event that such an inaccuracy arises, please send an e-mail to [CONTACT]@ST Digital.com so that it can be corrected.
In some instances, the content available through the Service represents the opinions and judgments of a user not under contract with ST Digital. ST Digital neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Service by anyone other than authorized ST Digital employees or spokespersons while acting in their official capacities. Under no circumstances will ST Digital be liable for any loss or damage caused by your reliance on information obtained through the Service. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Service.
Legal Matters
Choice of Law, Venue and Jurisdiction.
These Terms are governed by the laws of the State of [STATE], without regard to its or any other jurisdiction’s conflict of law provisions. You expressly agree that exclusive jurisdiction for any claim or dispute with ST Digital concerning these Terms or relating in any way to your use of the Service resides in the federal and state courts located in [COUNTY].
Class Action Waiver.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND ST DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Indemnification.
You agree to indemnify, defend and hold harmless ST Digital and its directors, officers, members, employees, representatives, affiliates, successors, agents, partners, clients, service providers and contractors from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Service, your violation of these Terms or your violation of any rights of another user of the Service. ST Digital reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
No Obligation to Participate in Disputes.
If there is a dispute between users of the Service, or between a user and any third party you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release ST Digital and its officers, members, employees, representatives, affiliates, successors, agents, partners, clients, service providers and contractors from any and all claims, demands and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service.
Miscellaneous
Failure by ST Digital to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by ST Digital without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.
Contact Us
Questions regarding these Terms should be directed to us at [CONTACT] (i.e., webmaster@ST Digital.com.)
You may also write to us at:
[ADDRESS]