Terms and Conditions

(Last updated 20 May, 2014)

ACCEPTANCE OF CONTRACT TERMS

The following terms of use ("Terms of Use") are the terms of a legal agreement between you and Digital Capital AG (hereinafter referred to as "Digital Capital"). By accessing, browsing and/or using this site ("Site"), you acknowledge that you have read, understood, and agree to be bound by these terms and comply with all applicable laws and regulations, including Swiss export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THIS SITE. The material provided on this Site is protected by law, including, but not limited to, Swiss Copyright and Trademark law and international treaties. This Site is controlled and operated by Digital Capital from its offices within the Swiss Confederation. Digital Capital makes no representation that materials in the Site are appropriate or available for use in other locations, and access to the Site and materials thereon from territories where the content is illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

You represent, warrant, and covenant that: you will not upload, email, post or transmit to, or distribute or otherwise publish through the Site any materials which (i) restrict or inhibit any other user from using and enjoying the Site, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, potentially give rise to civil liability (including claims of defamation and/or libel), or otherwise violate the law, (iv) violate, plagiarize, or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity, or any other proprietary right, (v) contain a virus, worm, Trojan horse, or other harmful component, (vi) contain any information, software, or other material of a commercial nature, (vii) contain advertising of any kind, or (viii) constitute or contain false or misleading indication of origin or statement of fact. We reserve the right to release information to the proper authorities, as a result of a violation of our standards, or unlawful acts, if the information is subpoenaed, and/or if we deem it necessary and/or appropriate.

COPYRIGHT AND USER RESTRICTIONS

All material provided on this Site is protected by copyrights owned or controlled by Digital Capital or by the controller of the copyright or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Digital Capital or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site solely for personal, non-commercial use only provided you do not modify, copy, alter, reverse engineer, disassemble, or distribute the materials and that you retain all copyright and other proprietary notices contained in the materials. Use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited, without our prior, written consent. You acknowledge and agree that you may not sublicense, assign or otherwise transfer this permission and that no title or material from any of the Site has been or will be transferred to you by Digital Capital or anyone else. Upon termination of these Terms of Use, you will immediately destroy any and all downloaded and/or printed materials. You also may not, without Digital Capital’s prior, written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Digital Capital respects the intellectual property of others and expects users of the Site to do the same. Digital Capital’s designated agent for notice of alleged copyright infringement appearing on the Site is:

Digital Capital AG

ATTN: Andrew J. Russell III

Hofstrasse 1
A
CH-6300 Zug
Switzerland

TRADEMARKS

The trademarks, service marks, and logos (the "Trademarks") used and displayed on this Site are registered and unregistered Trademarks of Digital Capital and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this Site, without the written permission of the Trademark owner. Digital Capital aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademarks, including both Digital Capital’s and others, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. Digital Capital prohibits use of any of its Trademarks without the prior written consent of Digital Capital.

POSTINGS, SUBMISSIONS, AND CHAT ROOMS

By posting messages, chatting, uploading files, inputting data, transmitting e-mail, or engaging in any other form of communication (individually or collectively "Communications") to or through the Site, you hereby grant to Digital Capital a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against Digital Capital for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications.

You acknowledge that Communications to, from and through the Site are not confidential, and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications using the Site, no confidential, fiduciary, contractually implied, or other relationship is created between you and Digital Capital other than pursuant to this Agreement.

Digital Capital likes to hear from you. However, please bear in mind that Digital Capital does not accept or consider any unsolicited creative ideas or suggestions. Therefore, please do not make any such submissions, including, but not limited to, ideas, notes, drawings, scripts, story ideas, films, concepts or other information, to Digital Capital through the Site or otherwise. Digital Capital will not review any such submissions.

The Site may make chat rooms, forums, message boards and email, available to its users provided that they abide by the online behavior detailed in this Agreement. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose your personal information. Your right to speak freely here must be exercised with courtesy and self-restraint. In consideration of being allowed to use the Site, when you enter or use a chat room, use a message board, transmit an e-mail, or otherwise utilize the Site, you explicitly and unequivocally agree you will not: use any Site service for any purpose in violation of local, regional, cantonal, state, or national laws of any country; post or otherwise transmit any material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner; post or otherwise transmit any material that reveals trade secrets, unless you own them or have the permission of the owner; post or otherwise transmit any material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or otherwise transmit any material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post or otherwise transmit sexually-explicit images; post or otherwise transmit advertisements or solicitations of business; disrupt the normal flow of dialogue and/or exchange on the Site, or post or otherwise transmit chain letters or pyramid schemes. You are responsible for your own Communications, as defined above, and are responsible for the consequences of posting or otherwise transmitting those Communications. Digital Capital does not represent or guarantee the truthfulness, accuracy, or reliability of any material posted or otherwise transmitted by Site users or endorse any opinions expressed by such users. Digital Capital does not screen Communications in advance and is not responsible for screening or monitoring material posted or otherwise transmitted by Site users. If Digital Capital receives notification of a user regarding Communications which allegedly do not conform to this Agreement, Digital Capital may investigate the allegations and determine in good faith and at its sole discretion whether to remove or request the removal of the Communication. Digital Capital has no liability or responsibility to users for performance or nonperformance of such activities. Digital Capital reserves the right to expel users and prevent their further access to the Site for violating this Agreement or violating the law. Digital Capital reserves the right to remove Communications that are abusive, illegal, disrespectful, or disruptive.

DISCLAIMER OF WARRANTY

THE INFORMATION, SERVICES, PRODUCTS AND/OR MATERIALS ON THIS SITE ARE PROVIDED "AS IS" WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF THE INFORMATION, SERVICES, AND/OR MATERIALS REST WITH YOU. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, DIGITAL CAPITAL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUSES, OR OTHER VIOLATION OF RIGHTS. DIGITAL CAPITAL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE INFORMATION, SERVICES, AND/OR MATERIALS ON THIS SITE OR ANY SITES LINKED TO THIS SITE. THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT OF THE SITE BY DIGITAL CAPITAL OR ANY ASSOCIATION WITH ITS OPERATORS. DIGITAL CAPITAL IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEMS OR DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND/OR MATERIAL CONTAINED ON THIS SITE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL DIGITAL CAPITAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF DIGITAL CAPITAL OR A DIGITAL CAPITAL AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATE, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Digital Capital and its affiliates further do not warrant the accuracy or completeness of the information, text, graphics, videos, links or other items contained within these materials. Digital Capital may make changes to these materials, or to the products described therein, at any time without notice. Digital Capital makes no commitment to update the materials. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, Digital Capital’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the Site.

INDEMNIFICATIONS

You agree to indemnify, defend and hold Digital Capital, its parent, subsidiaries, affiliates and their respective officers, directors, owners, employees, agents, information providers, licensors, and licensees (collectively, the "Digital Capital Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including reasonable attorneys' fees) incurred by any Digital Capital Party in connection with any use or alleged use by you of the chat rooms, bulletin boards, or other user forums of this Site, or any unauthorized, illegal, or infringing use of this Site by you. Digital Capital reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Digital Capital’s defense of such claim.

PRIVACY POLICY

These Terms of Use are subject to Digital Capital’s Privacy Policy at http://digitalcapital.ch/privacy

GENERAL

You should be aware that when you are on the Site, you could be directed to other sites that are beyond its control. There may be links to other sites from Digital Capital that take you outside Digital Capital’s service. These links are for convenience only and you access them at your own risk. We take no responsibility and assume no liability for any content provided from such outside sources or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity contained therein.

By permitting advertising on the Site, Digital Capital makes no warranties or representations of any kind as to the accuracy of the content or suitability of the subject matter of any such advertisement. Digital Capital specifically disclaims liability for direct, consequential, or incidental damages arising from such advertisements. By responding to an advertisement on the Site, you waive any claims against Digital Capital for damages arising from such advertisement or your reliance upon statements in such advertisement. You will not consider Digital Capital nor will Digital Capital be construed as a party to such transactions, whether or not Digital Capital may have received some form of revenue or other remuneration in connection with the transaction. Merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. You agree that use of such merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY, AND/OR NONINFRINGEMENT. UNDER NO CIRCUMSTANCES IS DIGITAL CAPITAL LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS FOUND ON THE SITE OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED FROM OR TO OUR SITE.

Digital Capital may at any time revise these Terms of Use by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Terms of Use to which you are bound.

You agree that this Agreement shall be deemed to have been made and executed in Switzerland and that it is subject to the laws of Switzerland, excluding the law of conflicts and the Convention on Contracts for the International Sale of Goods (CISG).  In any dispute arising under this Agreement, the prevailing party will be entitled to attorneys’ fees and expenses. The parties also waive any defenses to jurisdiction or venue to lawsuits brought by Digital Capital in the Switzerland. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to the subject matter. All rights not expressly granted herein are expressly reserved. This Agreement shall inure to the benefit of Digital Capital’s agents, licensors, licensees, successors, and assigns. In the event any one or more of the provisions of this Agreement is unenforceable, it shall be modified so as to remain in force and effect, but if that is no possible then it will be stricken from this Agreement, and the remainder of the Agreement will be unimpaired. The headings in this Agreement are for purposes of reference only.

© 2012-2014 Digital Capital AG. Digital Capital its respective logo is the trademark of Digital Capital AG.  All rights reserved. 

In addition to the foregoing, the following links provide additional terms, conditions, policies, and guidelines to which you agree to abide by your continued usage of our Services:

Our Privacy Policy: http://digitalcapital.ch/privacy

Our Mobile Privacy Policy: http://digitalcapital.ch/mobileprivacy