Definitions The website Digsville Home Exchange Club is the interactive online service operated by Digsville LLC ("Online Service Provider") on the World Wide Web of the Internet, and consists of information, services, and content provided by the Online Service Provider and its affiliates, and third parties. "User" means each person accessing the Online Service Provider's website. By accessing the website, User is deemed to have agreed to comply with and be bound by all of the terms and conditions hereof.
a) User shall use the website for lawful purposes only. User shall not post or transmit through the website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Online Service Provider's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Subscriber that in Online Service Provider's discretion restricts or inhibits any other subscriber from using or enjoying the website will not be permitted, and may result in revocation of membership.
b) The website contains copyrighted material, trademarks and other proprietary information including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the website are copyrighted as a collective work under the United States copyright laws. The Online Service Provider owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, publication or commercial exploitation of downloaded material will be permitted without the express permission of the Online Service Provider and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
c) User shall not upload, post or otherwise make available on the website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User may upload public domain materials and is responsible for and assumes all risks with respect to the determination of whether materials uploaded are in the public domain. User shall be solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such submission. User hereby grants the Online Service Provider the right to copy, publish and distribute any material made available on the Online Services by User, including but not limited to any material posted by User on the website's bulletin boards and forums, and any email queries submitted by User to the Online Service Provider. Specifically, without limitation, the Online Service Provider may from time to time reproduce selected User email queries on its bulletin boards or forums so that other subscribers may respond hereto.
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The Online Service Provider shall have the right, but not the obligation, to monitor the content of the website, including bulletin boards and forums, to determine compliance with this Agreement and any operating rules established by the Online Service Provider. The Online Service Provider shall have the right in its sole discretion to refuse to post or remove any material submitted to or posted on the website. Without limiting the foregoing, the Online Service Provider shall have the right to remove any material that it finds to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this User's Agreement access to the website. Removal or refusal to post materials submitted will be at the sole discretion of the Online Service Provider.
The Online Service Provider shall have the right at any time to change or modify the terms and conditions applicable to Users use of the website or any part thereof, and to impose new conditions.
Such changes, modifications, additions, or deletions shall be effective immediately upon posting on the website or by any means of notification by which User obtains actual knowledge thereof. Any use of the Online Services by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications, additions or deletions.
As stated above, by accessing the website, User is deemed to have agreed to comply with all of the aforementioned terms and conditions.
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