Digitego Media, LLC is pleased to provide to you its sites, software, applications, content, products and services (“Digitego Services”), which may be branded Digitego, IntelReg, Score Keeping System, Start Times App or another brand owned or licensed by Digitego Media LLC. These terms govern your use and our provision of the Digitego Services on which these terms are posted, as well as Digitego Services we make available on third-party sites and platforms if these terms are disclosed to you in connection with your use of the Digitego Services. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE DIGITEGO SERVICES.
ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.
NOTHING IN THESE TERMS IS INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE. IF THERE IS A CONFLICT BETWEEN THOSE RIGHTS AND THESE TERMS, YOUR RIGHTS UNDER APPLICABLE LOCAL LAW WILL PREVAIL.
1. Contract between You and Us
This is a contract between you and Digitego Media LLC, a Florida limited liability company located at 9010 SW 137 Ave. Suite 237, Miami, FL, USA, or between you and any different service provider identified for a particular Digitego Service. You must read and agree to these terms before using the Digitego Services. If you do not agree, you may not use the Digitego Services. These terms describe the limited basis on which the Digitego Services are available and supersede prior agreements or arrangements.
Supplemental terms and conditions may apply to some Digitego Services, such as rules for a particular competition, service or other activity, or terms that may accompany certain content or software accessible through the Digitego Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
We may amend these terms. We reserve the right to amend these terms at any time and without notice, and such amends will be effective immediately. If you do not agree to any change to these terms, you must discontinue using the Digitego Services. Our customer service representatives are not authorized to modify any provision of these terms, either verbally or in writing.
We may immediately terminate this contract with respect to you (including your access to the Digitego Services) if you fail to comply with any provision of these terms.
2. The Digitego Services
The Digitego Services are for your personal, noncommercial use and are intended for informational and entertainment purposes only. They do not constitute legal, financial, professional, medical or healthcare advice or diagnosis and cannot be used for such purposes.
The Digitego Services are our copyrighted property or the copyrighted property of our licensors or licensees and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Digitego Services are owned by us. Except as we specifically agree in writing, no element of the Digitego Services may be used or exploited in any way other than as part of the Digitego Services offered to you. We do not transfer title to any portion of the Digitego Services to you.
Content and Software License
If a Digitego Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Digitego Service; decompile, reverse engineer, disassemble or otherwise reduce any Digitego Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Digitego Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Digitego Service in violation of United States export control and economic sanctions requirements. By acquiring services, content or software through the Digitego Services, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
Disclaimers and Limitation on Liability
THE DIGITEGO SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY SET OUT IN THESE TERMS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS AND PROPERTY DAMAGE, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE THOUSAND U.S. DOLLARS (US $250).
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Changes to the Digitego Services
The Digitego Services are constantly evolving and will change over time. We reserve the right to make and implement changes to the Digitego Services at any time and without notice.
Additional Restrictions on Use of the Digitego Services
You agree not to knowingly or recklessly introduce a virus or other harmful component, or otherwise tamper with, impair or damage any Digitego Service or connected network, or interfere with any person or entity’s use or enjoyment of any Digitego Service.
Additionally, you agree not to access, monitor or copy, or permit another person or entity to access, monitor or copy, any element of the Digitego Services using a robot, spider, scraper or other automated means or manual process without our express written permission.
Third-Party Services and Content
The Digitego Services may integrate, be integrated into, or be provided in connection with third-party services and content. We do not control those third-party services and content. You should read the terms of use agreements and privacy policies that apply to such third-party services and content.
If you access a Digitego Service using an Apple iOS, Android or Microsoft Windows-powered device, Apple Inc., Google, Inc. or Microsoft Corporation, or any other internet capable device, respectively. You agree that your access to the Digitego Services using these devices, these companies are not responsible for the provision or support of the Digitego Services.
Mobile Networks
When you access the Digitego Services through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using certain Digitego Services may be prohibited or restricted by your network provider and not all Digitego Services may work with your network provider or device.
3. Your Content and Account
User Generated Content
The Digitego Services may allow you to communicate, submit, upload or otherwise make available text, images, audio, video, competition entries or other content (“User Generated Content”), which may be accessible and viewable by the public. Access to these features may be subject to age restrictions. You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sub-licensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Digitego Services and on third-party sites and platforms such as Facebook, YouTube, Instagram and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms. You agree to indemnify and hold us and our subsidiary and affiliated companies, and each of their respective employees and officers, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against us by any third party arising out of or in connection with our use and exploitation of your User Generated Content. You also agree not to enforce any moral rights, ancillary rights or similar rights in or to the User Generated Content against us or our licensees, distributors, agents, representatives and other authorized users, and agree to procure the same agreement not to enforce from others who may possess such rights.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Digitego Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Accounts
By using Digitego's intelREG you are acknowledging you are at least 18 years old, and if you are registering a competitor under 18 years old, you are either the legal guardian or you are acting on behalf of the competitor's legal guardian.
Some Digitego Services permit or require you to create an account to participate or to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Digitego Services if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Digitego Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
4. Paid Transactions
Identity of Seller
Sales are made by Digitego Media LLC or the seller identified at the time of sale, if different. If you have questions about your order, please contact the seller at the address provided and they will assist you. Some store fronts on the Digitego Services are operated by third parties and, in that case, different or additional sale terms may apply, which you should read when they are presented to you.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Digitego Services for you to license for a one-time fee. When purchasing a license to access such material from a Digitego Service, charges will be disclosed to you on the Digitego Service before you complete the license purchase.
Subscriptions
Some Digitego Services may require paid subscriptions to access. By signing up for a subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal. From time to time, we may offer a free trial subscription for a Digitego Service. If you register for a free trial subscription, we will begin to bill your account when the free trial subscription expires, unless you cancel your subscription before that time.
The Order Process
You will have the opportunity to review and confirm your order, including delivery address (if applicable), payment method and product details. We will send to you a notice when we accept your order and our acceptance will be deemed complete and for all purposes to have been effectively communicated to you at the time we send the notice. At such time, the contract for sale will be made and become binding on both you and us. If merchandise or product is included in the order, please see “shipping” section for details.
We reserve the right to refuse or cancel any order prior to delivery. Some situations that may result in your order being cancelled include system or typographical errors, inaccuracies in product or pricing information or product availability, fairness among customers where supplies are limited, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is cancelled or if additional information is required to accept your order. Absolutely NO cancellation of orders is allowed after payment is confirmed. Only under special circumstances we may consider a partial or full refund, or a credit towards a next purchase. Please contact us, or the seller to present your case and it will be considered for revision. It will be in our discretion or the seller discretion to proceed with a partial or a full refund, or a credit towards a next purchase.
Payments and Billing
When you provide payment information, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
Right of Cancellation
Absolutely NO cancellation of orders is allowed after payment is confirmed. Only under special circumstances we may consider a partial or full refund, or a credit towards a next purchase. Please contact us, or the seller to present your case and it will be considered for revision. It will be in our discretion or the seller discretion to proceed with a partial or a full refund, or a credit towards a next purchase.
Pricing; Taxes
Registration prices, division prices, convenience fees, products, merchandise, tickets and other prices related to the registration process, may change without notice. Digitego Media LLC and the seller reserve the right to change prices at any time.
Seller may revise the pricing for products and services we offer. When you place your order. Sale taxes for the order (if apply) will be collected by the seller, and it is the responsibility of the seller to collect taxes according to the law.
Shipping
All merchandise, products, tickets and any other item related to the registration sold through the Digitego Service must be picked up the day of the event at the registration table. No shipping method is available. The seller is responsible for handing over the merchandise you purchased. Any claim, question, concern, or situation related to this type of transaction should be addressed directly to the seller.
5. Competitions
Competitions that you enter by using a Digitego Service may have supplemental rules and conditions, but the following general rules apply absent contrary terms in any supplemental rules or conditions for the competition.Entries
Your competition entry is User Generated Content and subject to all provisions of these terms that govern your submission and our use of your User Generated Content. We may disqualify entries that are late, misdirected, incomplete, corrupted, lost, illegible or invalid or where appropriate parental consent was not provided. Competition entries are limited to one per person.
Eligibility
To enter a competition, you must be a registered user of the Digitego Services and have an active account with current contact information. If you are under age 18 (or the age of majority under applicable law) and the competition is open to you, we may need your parent or guardian’s consent before we can accept your entry. We reserve the right to request proof of identity or to verify eligibility conditions.
6. Additional Provisions
Binding Arbitration and Class Action Waiver
You and Digitego Media LLC agree to arbitrate all disputes between you and Digitego Media LLC or its affiliates, except disputes relating to the enforcement of Digitego Media LLC or its affiliates’ intellectual property rights. “Dispute” includes any dispute, action or other controversy between you and us concerning the Digitego Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Digitego Media LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.
In the event of a dispute, you or Digitego Media LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Digitego Media LLC, 9010 SW 137 Ave. Suite 237, Miami, FL, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Digitego Media LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.
If you and Digitego Interactive do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Digitego Media LLC will pay all filing, AAA, and arbitrator’s fees and expenses. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US $250, whichever is greater, and pay your attorney, if any, the amount of attorneys’ fees, and reimburse any expenses (including expert witness fees and costs) that you or your attorney reasonably accrue for investigating, preparing and pursuing your claim in arbitration. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.
If you are a resident of the United States, arbitration will take place at any reasonable location convenient for you. For residents outside the United States, arbitration shall be initiated in the borough of Manhattan, New York, New York, United States of America, and you and Digitego Media LLC agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Digitego Media LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Choice of Forum
You agree that any action at law or in equity arising out of or relating to these terms or the Digitego Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the borough of Manhattan, New York, New York, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States, without giving effect to any conflict of law principles.
Severability
If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
Waiver
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.