Disclaimer

Some of the services of MYDIGITAL are subject to other applicable terms and conditions governing the provision of such services. These Terms and Conditions are meant to govern your access and/or use of this Website/Portal and are to be read together with the applicable terms and conditions governing any transactions, products and/or services provided by MYDIGITAL. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transactions, products and/or services, the latter shall prevail.

• Accuracy, suitability, completeness, or timeliness of use for any purpose whatsoever of such content;
• Accuracy or reliability of any of the sources from which such content are derived (whether credited or otherwise);
• Title, merchantability, or fitness for a particular purpose of any product or service listed on or directed to by this Website/Portal;
• Non-infringement of intellectual property rights of any third party;
• Payment and delivery obligations that may arise as a result of the use of the content of this Website/Portal;
• Confidentiality of any information disclosed to any party, person, or entity listed on or directed to by this Website/Portal;
• Viability or feasibility of any business opportunity, model, or any type of investment whatsoever.

You acknowledge and agree that MYDIGITAL, its officers, directors, employees, affiliates and agents, or any of them, shall in no event or in any manner be liable to any user of this Website/Portal for any damages or losses of any kind or nature, including, but not limited to, direct, incidental or consequential damages, loss of income, loss of profit or anticipated profit, loss of goodwill or reputation, arising out of the use of, access to or any manner connected with this Website/Portal, it’s content, material or services even if MYDIGITAL, its officers, directors, employees, affiliates and agents, as the case may be, has been advised of the possibility of such damages resulting from use of, access to or any manner connected with this Website/Portal, its content, material or services. Nothing in this Terms and Conditions shall limit our liability or the liability of our officers, directors, employees, affiliates and agents as the case may be for death or personal injury resulting from our or their negligence.

This Website/Portal may use cookie and other tracking technologies depending on the features offered. Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. The cookies used in this Website/Portal will not identify the IP address and individual user.

If you provide personal data to MYDIGITAL by accessing and/or using this Website/Portal, you are deemed to have consented to the processing of the personal data by MYDIGITAL.

By using and/or accessing this Website/Portal, you agree to indemnify, defend and hold MYDIGITAL, its officers, directors, employees, vendors, affiliates and agents harmless of and from any claims, suits, proceedings, demands, damages, costs or expenses (including, but not limited to, reasonable attorney’s fees and costs (including expert witness costs and other costs of any such suit or proceeding), and liabilities of any kind or nature, arising out of or related to a violation of these Terms and Conditions, any content that you use, post or transmit through this Website/Portal, your conduct on the Website/Portal or violation of any rights of any third party (including, but not limited to, any assertions of infringement of intellectual property rights.)

You shall use this Website/Portal for lawful purposes only. In this regard, you further acknowledge and agree not to:

1. Upload, post, publish, e-mail, reproduce, link directly or indirectly, distribute, or otherwise transmit any content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libellous, deceptive, fraudulent, hateful, racially or ethnically discriminatory, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts or violence, discriminates, victimizes, degrades, or intimidates an individual or a group of individuals based on religion, gender, sexual preferences, race, age, or disability, promotes or provides any instructional information on violence, illegal activities, sexual misconduct, or cruelty to animals;
2. Impersonate any person or entity or misrepresent your affiliation with a person or entity;
3. Forge or manipulate headers and/or identifiers to disguise the origin of any content or use any service as storage for remote loading or as a door/signpost to another homepage or website;
4. Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content that is not yours or which you do not have any right, whether legally, contractually, or through a fiduciary relationship or otherwise, to the said content;
5. Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any individual or entity;
6. Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any content or form of solicitation including, but not limited to, any advertising, promotional materials, “junk mail”, “spam”, “chain-letters”, or “pyramid schemes” UNLESS such form of solicitation is expressly permitted by MYDIGITAL for such a designated purpose. However, such proviso does NOT apply to any “junk mail”, “spam”, “chain-letters”, or “pyramid schemes” or other generic forms;
7. Upload, post, publish, e-mail, reproduce, distribute, or otherwise transmit any material that is infected with software viruses, Trojan horses, worms, logic bombs, or any other infections or any other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or to carry out any other similarly destructive activity;
8. Act in any manner that negatively affects other users’ ability to engage in this Website/Portal or use any of the services herein;
9. Engage in any activity that is contrary to or which would adversely affect the purpose or intention of this Website/Portal;
10. Engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies, or regulations of any of the servers or networks connected to this Website/Portal;
11. Intentionally, in a negligent manner, or innocently violate any applicable local, state, national, or international law currently in force (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising) or otherwise create any liability for MYDIGITAL or its affiliates; and
12. Shall not undertake any scheme to undermine the integrity of the computer systems or networks used by MYDIGITAL and/or any other user and you shall not attempt to gain unauthorized access to such computer systems or networks.

You acknowledge and agree that, where any material in any form or manner is created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by any third party user, MYDIGITAL will not pre-screen, control, monitor, guarantee, review or edit any such material. However, MYDIGITAL has the discretion, for any reason whatsoever and without providing any reason, to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if MYDIGITAL is of the opinion that such material is in breach of the spirit of any of the Terms and Conditions or is undesirable, inaccurate or untrue. You acknowledge and agree that MYDIGITAL may disclose and inform any authorities of any material in any form or manner created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by you if, in the sole and absolute discretion of MYDIGITAL and without reference to you or any person(s) whatsoever, it be necessary or compulsory to comply with any authorities, legal or otherwise, or necessary or compulsory to comply with any valid claims that such material has violated any third party rights, property or the personal safety of MYDIGITAL, its affiliates, directors, officers, employees, agents, successors and assignees, or of the general public.

Unless otherwise stated, all content within this Website/Portal including but not limited to, the rights to the look and feel of this Website/Portal, any headers and titles, text, graphics, images, audio and video clips, software, title, logo, trademark, marks, patents and legend or any other proprietary rights are either owned by MYDIGITAL or have been licensed to MYDIGITAL by the respective owners of those rights for use in the Website/Portal and are protected in accordance with the applicable intellectual property laws. You hereby acknowledge and agree that MYDIGITAL shall have the exclusive rights conferred to it under law and shall be entitled to institute any legal action or proceedings for any infringement, breach or default of its rights. You hereby agree that MYDIGITAL shall be indemnified for any damages, costs of solicitors and any interest charged for the defense of MYDIGITAL, its affiliates, directors, officers, employees, agents, successors or assignees, against any other individual or entity arising from your violation of any of the Terms and Conditions.

This Website/Portal may contain links to third party websites. You acknowledge and agree that MYDIGITAL will not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites you access to since MYDIGITAL does not review, control or examine the content of the third party websites. Further, MYDIGITAL’s linking to such third party websites or posting of materials or advertising of such third party websites is not an endorsement of or representation concerning these third party websites, materials, products or services. All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties. You are hereby advised to read the terms and conditions and any policy that governs the particular third party website. MYDIGITAL has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from this Website/Portal. You may only link another website to this Website/Portal with MYDIGITAL’s prior permission. MYDIGITAL’s agreement to link with any other website should not be interpreted or represented to be an endorsement by MYDIGITAL of any product, position, entity or organization.

Usage of certain products and services in this Websand/or the relevant micro-site, or affecting or relating tite/Portal may require registration. In such case where registration is required, you are identified as a “Registered User” upon the completion of the applicable registration process and you shall agree as follows:

1. You shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account.
2. You shall be responsible for all uses and the content of your user account.
3. If you have registered as a business entity, you represent that:
   • You have the authority to bind the entity to the Terms and Conditions of this Website/Portal;
   • The address you use when registering is the principal place of business of such business entity; and
   • All other information submitted to the MYDIGITAL and this Website/Portal during the registration process is true, accurate, current, and complete.
4. MYDIGITAL reserves its right to suspend or terminate a Registered User’s account at any time.
5. You as a Registered User may not sell, attempt to sell, offer to sell, give, assign, or otherwise transfer a user account, ID, or password to a third party without the prior written consent of MYDIGITAL. MYDIGITAL may suspend or terminate the account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment, or transfer in violation of this section.
6. MYDIGITAL also reserves the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason.

By submitting any idea, suggestion, feedback, comment, proposal, materials, information and/or document (“Contributions”) through this Website/Portal, you acknowledge and agree that:

1. The Contributions do not contain any confidential or proprietary information and MYDIGITAL is not under any confidentiality obligation, express or implied, with respect to the Contributions; and
2. The Contributions automatically become the property of MYDIGITAL without any obligation of MYDIGITAL to you, unless provided otherwise by the law. No sales agency relationship is created between you and MYDIGITAL, our affiliates, directors, officers, agents or employees by virtue of MYDIGITAL’s display of any of your information on this Website/Portal or its relevant micro-site.

You hereby represent, warrant and agree to:

• provide MYDIGITAL with true, accurate, current and complete information to be displayed on this Website/Portal and/or the relevant micro-site; and
• maintain and promptly amend all information to keep it true, accurate, current and complete.

You hereby represent, warrant and agree that information which you have submitted to MYDIGITAL for display on this Website/Portal and/or the relevant micro-site shall be in accordance with the User Conduct stated in this Terms and Conditions. You hereby grant an irrevocable, perpetual, paid-up in full, worldwide and royalty-free, sub-licensable (through multiple tiers) license to MYDIGITAL to display and use all information provided by you in accordance with this Terms and Conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known. MYDIGITAL reserves the right in its sole discretion to remove any material displayed on the relevant micro-site which it reasonably believes is unlawful, could subject MYDIGITAL to liability, violates this Terms and Conditions or is otherwise found inappropriate in MYDIGITAL’s sole and absolute discretion. MYDIGITAL reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. You agree that MYDIGITAL shall have no liability to you, including no liability for consequential or any other damages, in the event MYDIGITAL takes any of the actions mentioned in this section, and that you agree to bear the risk that MYDIGITAL may take in connection with any such actions.